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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37064
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am about seven years from having a mortgage paid off. I

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I am about seven years from having a mortgage paid off. I pay my payment faithfully every month. I pay a late fee every month because we get paid once a month. Our escrow is short because our insurance went up. They sent out a letter and stated when the payment would go up. Before that date they started jacking up our payments. Their statement says one thing and the recording states another amount. The supervisor tonight said the amounts were late fees, but they were sitting in unapplied cash. This is the second time I have called them regarding this issue. I am afraid to NOT pay the extra they are requesting as they seem not to need much of a reason to foreclose. At one point, the supervisor said he didn't see that I was charged any extra and then later went on to say that the extra setting in unapplied cash was happening because I am behind and I might get into trouble paying my mortgage. I told them I paid my late fee every month and the extra money should be applied to my escrow to lower the payment. How can they get away with this? I make my payment every month and have not missed any payments.
Submitted: 12 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 12 months ago.
Thank you for your question.

I am genuinely sorry to hear that you are in this situation. How much are you currently behind, if any?
Customer: replied 12 months ago.

I just made the July payment earlier tonight. It is a late payment, but we have never missed a payment, we pay every month and they get their late fee as well.

Expert:  Dimitry K., Esq. replied 12 months ago.

Cindy,

Thank you for your follow-up. Paying late does allow them to 'accelerate' the loan, meaning that the lender can use this as a means to justify possibly seeking foreclosure. It is highly unlikely that they will do so, simply because the costs of foreclosure are so high, but it is a possibility I should still mention. But to answer your question, they 'cannot' get away with it--you can demand, in writing, two numbers. You can demand a formal payoff amount for the whole loan, AND you can demand the amount that you are currently late by or how much you owe. It may be that the reason the numbers do not match is when they receive the payment from you (as those days can make a difference in a running balance), but you can, for example, ask them to give you a number that you would owe on the 20th of August, for example, if nothing changes. This will give you a means of figuring out the baseline, and then making proper payments. It will also allow you to place on the check the exact instructions as to where these funds are supposed to go.

Good luck.

Customer: replied 12 months ago.


I am thinking that since we are on the down hill slope and they will not be getting interest as much on this end, they don't care if we went elsewhere. I don't want to go through it all again. I just want to pay it off. I will probably try to borrow enough to pay it earlier this month and they just won't get any extra from me at all--they will get less money every month--doesn't make much sense to me on their part. Unless they find other ways to harass us til we go away and find another lender. Thanks for your reply


 


Workaholic


 

Expert:  Dimitry K., Esq. replied 12 months ago.

Cindy,

Thank you for your follow-up. You may be right, but the issue here is since they have a contractual obligation to you, you likewise have a right to hold them to the contractual obligation and request that they formally provide you with a calculation of what it is you allegedly owe. So whether or not they care or they do not care, failure to work with you may be deemed a breach of terms, for which you can seek possibly legal recourse.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37064
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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