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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35781
Experience:  16 years real estate, Realtor. Landlord 26 years
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My husband passed and left me our home in s will. He has a

Customer Question

My husband passed and left me our home in his will. He has a VA mortgage being serviced by a mortgage company. The mortgage company has been advised of his death and will not let me assume the loan, so I continue to make the mortgage payment because I do not have the finances to refinance the loan. Even though I have been paying the mortgage on time, the mortgage company has been adding 15 to 30 dollars a month to the mortgage payment claiming it is a property preservation advance fee. I have asked what this fee covers but even the reps answering the phones can not explain it. Can they charge me this fee every month above and beyond the regular mortgage payment? Do I have to pay it just because they add it to the mortgage payment. Is it legal for a mortgage servicing company to adjust a fixed mortgage payment? I am on disability and cannot afford fees that are being randomly applied to the mortgage. What can I do to stop them for adding fees every month ? I need help on how to approach them and to get these fees above and beyond the fixed mortgage payment to stop. Help me please.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Expert:  Barrister replied 9 months ago.

I used to be a closing attorney for 4 different lenders and I have never heard of a "property preservation fee" on an occupied property. I suspect it is some trumped up charge where they are taking advantage of you with the extra charge.


I would suggest asking them to provide the legal documentation that grants them this authority and tell them that you are going to contact the state Attorney General's Consumer Protection division to see if this is legal for them to do so.


You may find that that fee gets dropped after that... If not, contact the Attorney General and ask them if that is legal for them to add in that fee and file a formal complaint if it is not for "fraudulent business practices".





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