Legal Question in Real Estate Law in Pennsylvania

Our mortgage company gave us a reduction on our mortgage payments. The new payment was $450 The old payment was $554. After reapplying for the reduction payments, we received a letter that it was denied. In the meantime, just a couple days later we received a bill for the lower payment and paid that bill thinking that the higher amount hadn't taken effect yet. We then received a letter that the bill was wrong and owed the difference. My husband spoke to someone on the phone when they called about payments and said that we would pay the difference soon. We then received a phone call and a letter stating that we owe the difference plus a late fee since we did not pay the $554 on time. We told them that we would pay the difference, but do not owe the late fee since it was their mistake. Are we right? We also receive 6 or 7 calls from them a day and they even call me at work


Asked on 9/19/10, 6:36 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Unless there was a modification agreement signed by the mortgage company and you that reduced your mortgage payment to the lower amount, your mortgage was not changed.

If the mortgage company is giving you notices of a default such as late payment or not paying the correct amount, and demanding payments, it would do so in writing.

Don't depend on phone calls - you should write to the mortgage company, send the letter by regular mail and by certified return receipt requested mail.

You should also consult a lawyer. You should not be getting harassing calls, especially not at work.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 9/24/10, 8:20 pm


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