Legal Question in Banking Law in Georgia

can a lender refuse a mortgage payment?

The mortgage company refused a payment by bill pay (found out 8 days after) then by western union quick collect(found out 2 weeks later). The time frame for this to happen nput our mortagae 90 days late instead of 60 days. Now they have us in foreclosure to sale August 5th. Can they legally set us up like that to make it where we would be in default far enough for them to foreclose. I know we were behind but we were atleast trying to keep it out of foreclosure until we could get it caught up. Please help.


Asked on 7/06/08, 12:00 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: can a lender refuse a mortgage payment?

Yes, they can (and typically do) refuse payments after a default when they decide to foreclose. You fail to state how they "set you up" - you were likely in default "far enough for them to foreclose" after the first missed payment. Read your loan documents.

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Answered on 7/06/08, 6:37 am


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