Legal Question in Real Estate Law in California

my mortgage company has accepted a payment on my loan and then sent out paper work advising me that they are foreclosing on my property. Do I have any legal standings.

Asked on 7/17/13, 6:19 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, not on the facts given. If someone owes $8,000 on their mortgage, and pays $5,000, they are still in arrears, and the lender's acceptance of part payment is not a cure for the default in making sufficient payments to stay current. However, there may be more to it. Did you pay your entire then-due balance, including late fees? What was the paperwork -- a Notice of Default? (It's also possible that the payment and the Notice "crossed in the mail," so to speak. Mortgage companies are departmentalized and often payments go to Carol Stream, Illinois while Notices of Default come from Idaho Falls or wherever.) Nevertheless, once you receive a Notice of Default, it's time to get serious and pro-active about figuring out what you currently owe and making sure you pay at least that much -- to keep the wolf from the door.

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Answered on 7/17/13, 8:13 pm

Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Whipple. The key here is that a partial payment will not reinstate the obligation and prevent foreclosure.

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Answered on 7/18/13, 11:07 am

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