Real Estate Law
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Yes, generally, a lender can foreclose if any fees due are in default/past due. You'd have to look at the note and deed of trust to see if there are any exceptions or provisions that would not allow the lender to do this.....but my guess -- based on looking at thousands of notes and mortgage documents -- is that the lender has the right to foreclose unless the loan is 100% up to date -- including the payment of costs and fees.