How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
20073497
Type Your Real Estate Law Question Here...
Andrea, Esq. is online now
A new question is answered every 9 seconds

If I am late on my mortgage and want to catch up on payments,

Customer Question

if I am late on my mortgage and want to catch up on payments, but do not want to pay the mortgage lawyer fees. Can they still foreclose on me.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 2 years ago.
Hi, my name is ***** ***** I will be glad to Answer your question today,
You asked,
"if I am late on my mortgage and want to catch up on payments, but do not want to pay the mortgage lawyer fees. Can they still foreclose on me."
ANSWER -
Whether or not a mortgagor (borrower) who is trying to catch up with his mortgage payments is required to pay the lawyers' fees of the lender is not determined by law. It is determined by the terms and conditions contained in the Note and Mortgage which the borrower signed at the time of settlement. If neither the Note, nor the Mortgage contain a requirement that the borrower must pay the lender's Attorneys' fees, then there is no basis for the lender to require, obligate, or demand that the borrower pay the lender's Attorneys' fees. You would find the answer in either the Note or Mortgage, under the subheading of "Default" in either, or both of those documents.
If neither the Note, nor the Mortgage address this issue, then the borrower will not be obligated to pay the lenders' Attorneys fees because the law will not imply this obligation.
In addition, the borrower would also find in the Note and Mortgage what steps the borrower must take and what fees the borrower must pay in order to reinstate his loan and prevent the lender from foreclosing on the mortgage loan.
I am not trying to evade the question, but when issues are determined by what the borrower and the lender have agreed to, it is impossible for a third party such as myself from giving a definitive Answser without reviewing the documents which the borrower signed at the settlement table. But, you can be sure that all of the rights and obligations of the borrower and the lender are contained in the Note and Mortgage.
_______________________________________________________________
PLEASE BE KIND ENOUGH TO LEAVE A POSITIVE RATING SO THAT JUSTANSWSER WILL GIVE ME CREDIT FOR ASSISING YOU
POSITIVE FEEDBACK AND BONUS ARE NOT REQUIRED, BUT ARE GREATLY APPRECIATED,
ANDREA