Foreclosure/Legal Fees

[lori netter]

What is the name of your state? NY

I fell behind on my mortgage payments and had to file bankruptcy. I fell behind again after the bankruptcy and the mortgage company had the automatic stay lifted and started foreclosure again. I took a hardship loan (as much as was allowed) and the mortgage payments are now up to date including what was included in the bankruptcy. The mortgage company sent me a stipulation letter stating they would give me to the end of the month to come up with the rest of the money owing (legal fees) or they will start foreclosure again. Can they foreclose for legal fees if the mortgage payments are up to date?

[LindaP777]

Originally Posted by lori netter

Can they foreclose for legal fees if the mortgage payments are up to date?

If the bank has started foreclosure proceedings two different times, due to your failure to live up to the mortgage obligation, why do you think they should incur those legal fees and not you?

[lori netter]

Originally Posted by LindaP777

If the bank has started foreclosure proceedings two different times, due to your failure to live up to the mortgage obligation, why do you think they should incur those legal fees and not you?

I dont think they should incur the legal fees. I was asking if they can foreclose due to legal fees.

[LindaP777]

Originally Posted by lori netter

I dont think they should incur the legal fees. I was asking if they can foreclose due to legal fees.

What does it say in your mortgage documents?
I'm guessing that they can foreclose on any obligation you have not lived up to.
Why don't you just pay them if you agree they shouldn't have to incur the legal fees?

[HomeGuru]

Originally Posted by lori netter

What is the name of your state? NY

I fell behind on my mortgage payments and had to file bankruptcy. I fell behind again after the bankruptcy and the mortgage company had the automatic stay lifted and started foreclosure again. I took a hardship loan (as much as was allowed) and the mortgage payments are now up to date including what was included in the bankruptcy. The mortgage company sent me a stipulation letter stating they would give me to the end of the month to come up with the rest of the money owing (legal fees) or they will start foreclosure again. Can they foreclose for legal fees if the mortgage payments are up to date?

**A: yes they can. Read your mortgage docs.

[lori netter]

Originally Posted by LindaP777

What does it say in your mortgage documents?
I'm guessing that they can foreclose on any obligation you have not lived up to.
Why don't you just pay them if you agree they shouldn't have to incur the legal fees?

I would pay them if I had an extra $7000.00. I just used every penny I have to bring the mortgage current. So since they still can foreclose and I can't come up with $7000 more I shouldnt have paid them anything and let them foreclose now at least I would have money to find a new place for my children and I to live.

[burtsbee]

i wouldnt think they be able to foreclose because of fees. offer to make small payment and continue to pay your mortgage on time and you should be fine.

[VeronicaLodge]

and what are you basing this legal opinion on?