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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5751
Experience:  20 years professional experience
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I have a 2nd mortgage that should have been paid in full with

Customer Question

I have a 2nd mortgage that should have been paid in full with a $466 payment on 11/1/15. On 12/1/15 the balance jumped to over $9,000. I can't get anyone at Beneficial to explain this to me - or to tell me that if I pay it by a certain time they will say it's paid in full. What can I do?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Maverick replied 6 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Customer: replied 6 months ago.
Is there something I'm supposed to be relying to?
Expert:  Maverick replied 6 months ago.
I am sorry this is happening to you. It sounds like the only way to get their attention is for you to sue them in court [or go to a lawyer and have him threaten to sue them by sending a demand letter which may cost you about $250.00] under what is known as a declaratory judgment action [DJA]. In a DJA you can get a court order that forces them to show you what you owe and allows you to prove what you have paid to date so you can get to the bottom of this mystery. Here is the law on how it works. Here is a sample complaint to use as a go-by.
Customer: replied 6 months ago.
What type of lawyer do I contact for this? A real estate lawyer or a general lawyer? Thanks!
Customer: replied 6 months ago.
Guess my $36 got one question answered. It was supposed to be $5 unless I was satisfied. Seems everyone is out to get people these days.
Expert:  Maverick replied 6 months ago.
You can ask for a referral to speak with a real estate litigation attorney or a consumer law attorney at this link. Or contact your local bar association for the county that you live in.
Expert:  Maverick replied 6 months ago.
Please continue with any other related questions you have. JA is the most affordable site that I know of that offers legal answers that are quick and worth your time and money.
Customer: replied 6 months ago.
Thanks. I just don't want to lose my house for $9,000. I have an inheritance coming sometime this year and will get a lump sum retirement buyout in July that will more than cover this. I don't know how these predatory lendors stay in business.
Expert:  Maverick replied 6 months ago.
In that case, make sure you send them a letter by certified mail with return receipt requested every two weeks or so asking them to tell you what the payoff is so that you have proof that they failed to respond or you have proof of what it is and how it is changing. You can also consider sending them a payoff check with a letter that says that you believe that the payoff amount is incorrect and overstated and that you are making payment in full but reserving your right to challenge or dispute the payoff amount quoted to you in court at a later date. Make sure you reference the check number used to payoff the debt in your letter and keep copies of everything!
Customer: replied 6 months ago.
Thanks. I have sent faxes (and I keep the confirmations) and I've sent mail - but they only give a PO Box. I'll see if I can do a return receipt or certified.
Expert:  Maverick replied 6 months ago.
If there is a PO BOX do a certified without the RR and one with the RR. That way at least one of them will be delivered and not returned if no one signs for the RR. The fax confirmations are good too.

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