Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I am about seven years from having a mortgage paid off. I

I am about seven years...
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.
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
8/1/2013
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
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?
Ask Your Own Legal Question
Customer reply replied 4 years 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.

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.

Ask Your Own Legal Question
Customer reply replied 4 years 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


 

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.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
Dimitry K., Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
With a foreclosure notice. Mortgage company has not provided
I'm NM with a foreclosure notice. Mortgage company has not provided any information on right to cure. Not sure how to respond to the summons and don't have a lot of money for an attorney. … read more
Lori
Lori
Juris Doctor
288 satisfied customers
My house was sold in foreclosure Plaintiff is a small
Hi My house was sold in foreclosure Plaintiff is a small investor. He himself bought the property and filed the motion for deficiency judgment for huge amount. What can I do … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
The city has held a foreclosure by sale for unpaid property
The city has held a foreclosure by sale for unpaid property taxes. The motion for committee approval has been made. Can the homeowner file a bankruptcy petition to stay this from happening? This is in… read more
Lori
Lori
Juris Doctor
288 satisfied customers
Lucy, I completed the foreclosure on my AITD, the property
Hello Lucy, I completed the foreclosure on my AITD, the property was eventually sold to a third party, and I was paid in full for my wrap-around mortgage. However, the original lender was never paid i… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
A property was bought at foreclosure the buyer has the
A property was bought at foreclosure the buyer has the receipt of the sale but was not recorded so the appraisal distinct has the property still in the owners name that was foreclosed on. How can I ge… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Is it legal to work as an insurance agent salesman for an
Is it legal to work as an insurance agent salesman for an agency in another state if the insurance company is authorized in the state I am in? Or does that agency need a certificate of authority in th… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
What is involved in a time share foreclosure in the state of
what is involved in a time share foreclosure in the state of Nevada. I purchased a time share that I am unable to pay for. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
FOR LAW EDUCATOR, ESQ.: In an instant foreclosure matter
FOR LAW EDUCATOR, ESQ.:In an instant foreclosure matter filed in 2009 in NYS Supreme Court the judge ordered the below as a result of one (1) party in the action when in fact there were two (2) partie… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Real Estate / Home Loan In 2001 I took a Home Loan from HSBC
Real Estate / Home Loan In 2001 I took a Home Loan from HSBC that was done by local person with very little proof of income. In 2004 we filed Chapter 7 & house was NOT included. I have heard NOTHING f… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
I am applying for loan. Bank approved loan. Now remaining is
I am applying for loan . Bank approved loan . Now remaining is SBA approval. I have question for the lawyer who can a divide in process of filling the forms for that … read more
Lori
Lori
Juris Doctor
288 satisfied customers
During the foreclosure of my house in Ophir, CA, I found a
During the foreclosure of my house in Ophir, CA, I found a very small article in the paper stating that if you felt the your home was foreclosed illegally, contact the FBI fraud division. I went down … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Esq.(ONLY) Motion to dismiss the foreclosure complaint was
For Law Educator, Esq.(ONLY) Good day, Motion to dismiss the foreclosure complaint was denied. I am preparing to file objection to the foreclosure complaint base on the fact that the property is prote… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My insurance company and insurance defense attorney settled
My insurance company and insurance defense attorney settled a lawsuit against me. My understanding was that insurance company pays defense attorney and controls litigation, and defense attorney protec… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
I'm in foreclosure they put in a motion for a protective
I'm in foreclosure they put in a motion for a protective order. I'm confused because first it was a summary of strict foreclosure that was continued for an evidenciaryhesring didctrpyin the numbers th… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
I have a relative who had a property that was in foreclosure
I have a relative who had a property that was in foreclosure and attempting mediation but then he passed away. The foreclosure continued and then it was dismissed due to something with the note. Two y… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I'm from Guam, Insurance Underwriter of Century Insurance.
I'm from Guam, Insurance Underwriter of Century Insurance. Our Question is, Does Hawaii Insurance Statute mandates the carrier or the agent insuring the risk in Hawaii be licensed by the State of Hawa… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
This is an Insurance law Question. An insurer appointed a
This is an Insurance law Question. An insurer appointed a law firm to represent the insured. The Attorney claims he is representing both the Insurer and the Insured. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
An insurance agent is making personal loans to his customers
An insurance agent is making personal loans to his customers using a third party's money (a wealthy family member). This is being done with state or federal knowledge. Is this illegal. The state is In… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x