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rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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Three days ago, I recieved a certified letter from my ...

Customer Question

Three days ago, I recieved a certified letter from my mortgage company (using an Act 91 letter) that if I didn't pay my LATE fees, the foreclosure process would begin, although the full mortgage payment itself has been made monthly. We have recieved no other communication from them - phone calls, letters, there hasn''t even been anything written on the bottom of my mortgage statement. Is this legal? (we are located in Pennsylvania) Briefly going through my mortgage contract, I have found nothing making mention of this being a legal tactic. Also, when we immediately called Citibank, the first customer service rep told us to disregard it. I again called back and spoke to another rep. who took the matter up with her supervisor who said that they will not foreclose for late fees. Is that something that we should have them put in writing?
Submitted: 9 years ago.
Category: Legal
Expert:  rvlaw replied 9 years ago.


There is no question that you should get it in writing. Make sure that the person writing the letter includes a representation that he or she has the power to make the statement that no foreclosure action will be commenced by virtue of the late fees.


Customer: replied 9 years ago.
Reply to rvlaw's Post: Okay, thank you. But is foreclosure just for fees still legal?
Expert:  rvlaw replied 9 years ago.

Your mortgage terms control....You agreed to the terms at closing. It is not inherently illegal.


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Expert:  rvlaw replied 9 years ago.

Here is the PA statute about notice of intention to foreclose. NOTE that it provides for foreclosure for unpaid monthly payments 'AND/OR LATE FEES"