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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38226
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Month before last we became delinquent a month on our MCS

Customer Question

Month before last we became delinquent a month on our MCS Mortage payment and was 1 day form being 2 months late when we received a letter from a Birmingham attorney stating they were going to foreclose if we did not contact them and pay the full amount or negotiate. We called and paid both months even the month not late as if it was late. The attorney said if MCS accepted all would be good and that would be everything. The next month I paid early to make sure I was paid and paid over the amount owed. Today I received a late payment voucher from MCS saying i owed an extra 103 with a late fee included. I called asking why was this they accepted our offer and I paid before time last month. They researched it and said I owed them for the letter fee which was 103.00 since I didn't pay it last month. I never even knew of this is there anything I can do? I feel as though I'm being railroaded..
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year 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.

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I am sorry to hear that they are hitting you with fees like this after you got back on track. Unfortunately buried somewhere in the fine print of your mortgage agreement is a clause that deals with default and states that you agree to be liable for any legal and attorney costs of collection in the event that the loan goes into default.

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So as soon as the attorney gets involved, the costs go up because he is billing the bank who in turn is billing you.

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With that said, I hate to say it, but if they can document that the attorney charged them for sending the letter, they can tack that on to any other fees or late charges that they impose.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
Thank you for your response I just wanted to make sure it wasn't just something else being tacked on. I figured that when the attorney said that was acceptable and would cover all it included his time. Thanks again for your rapid response.
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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thanks

Barrister