Legal Question in Real Estate Law in Nevada

Mtg Co. says we owe attny fees?

We learned that we have not been receiving any correspondence from our rental property HOA (rental house in Nevada--we live in CA). Found that HOA collected payment of dues from our mortgage co. We are resolving that, changed mail address to receive bills. Mtg autodraft statement has ''unpaid advances'' balance $3200. I learned by phone that 2/3 of that is attny fees. They didn't tell me anything more, said I need to request more info in writing. I sent two letters, requesting all supporting documentation for this balance they say we owe. Waiting to hear back from them.

Do we have any leverage to negotate this balance down, since the mtg co. had our home mailing address (they send us our statements here), but we never received any notices from them prior to their involving an attorney?

We know we were mistaken in assuming that the HOA dues were included in the escrow acct which pays tax/insurance. We have corrected that.

Now we want to know if we have grounds to argue the mtg co's portion of this amount.


Asked on 10/30/06, 4:35 pm

1 Answer from Attorneys
mark albright albright stoddard warnick & albright

Re: Mtg Co. says we owe attny fees?

I cannot answer your question without further information. Issues of what you owe may be dictated by the note and security agreement you signed when you got a loan through the mortgage company.

Please contact me at the firm Albright Stoddard Warnick and Albright and I can review your documents and give you a firm answer.

Spencer Judd

Albright Stoddard Warnick & Albright

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Answered on 10/30/06, 5:11 pm


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