National City Mortgage

[geoffc2]

What is the name of your state? GA

Recently my mortgage company has decided to fight my electronic payments by adjusting the amount due every few months because of fluctuations in taxes and insurance. I am in the military and often out of town for several months at a time. I recently returned from a 4 month absence to find Default notices as well as 5 checks from the mortgage company. It seems my payment due to escrow adjustment had gone from 992 and change to 997 and change. All the payments for 992 were deposited by the mortgage company then a letter demanding difference was sent then a check was cut by the company to refund the payment. Anyway I was able to simply deposit all the checks they sent and add in another 3000 of my cash and re-instate the loan. ( I called them as soon as I got home but they said I had to speak with the foreclosure attorney)

My question is this: Of the $3000.00 out of my pocket $600.00 was for attorney's fees with another $792.00 for expenses. Everything I can find online says Georgia caps attorney fees for foreclosures at $500.00. Is this true? Does the attorney owe me $100.00 and is there a cap on expenses?

Thanks for any input.

[LindaP777]

Originally Posted by geoffc2

What is the name of your state? GA

Recently my mortgage company has decided to fight my electronic payments by adjusting the amount due every few months because of fluctuations in taxes and insurance.

Just a quick comment . . . I have 11 mortgages with National City. They make adjustments to the loans for escrow annually, not every few months. They also send out notice of the change about two months in advance.

While you are away, who do you have opening mail and paying your bills?

[geoffc2]

The annual adjustments I could deal with as they sent notice and then gave you a couple of months to pay the full adjustment up front. If you will provide a fax or email i can scan and send you proof that it changed 3 times in six months by fewer than $10

[LindaP777]

Originally Posted by geoffc2

My question is this: Of the $3000.00 out of my pocket $600.00 was for attorney's fees with another $792.00 for expenses. Everything I can find online says Georgia caps attorney fees for foreclosures at $500.00. Is this true? Does the attorney owe me $100.00 and is there a cap on expenses?Thanks for any input.

Pay the balance due in full and stop the foreclosure.
Once it's stopped, then research about the charges to you. If necessary, take them to small claims court.

[geoffc2]

I paid the re-instatement fees and prevented the foreclosure already. My question was How much was the attorney allowed to charge in Georgia? Everything I can find says $500 for Fees and I was charged $600. I cannot find anything related to amount they are allowed to charge in expenses.

[lcannister]

IF and that is not an accusation, everything is as you state then you should go to your Governor and State and Local Represenatives with this information and have them put a little pressure for the Mortgage company to reimburse you all the expenses IF you were on active duty!

Then find someone you can trust and give them POA to handle your financial affairs while you are on active duty.

[lcannister]

PS if you have no time or are returning to an area outside your resident area then I would be more than glad to take the info from you and contact the people I suggested. Of course there is no charge of any kind and simply an action on my part for someone who is protecting our country.

Confidentiality was my profession for 35 years before retiring from my own CPA firm.

You may email me at [email]lcannister@aol.com[/email] and we can touch base there first and I will answer any questions you have before proceeding.

[jhahnwx]

Originally Posted by geoffc2

What is the name of your state? GA

Recently my mortgage company has decided to fight my electronic payments by adjusting the amount due every few months because of fluctuations in taxes and insurance. I am in the military and often out of town for several months at a time. I recently returned from a 4 month absence to find Default notices as well as 5 checks from the mortgage company. It seems my payment due to escrow adjustment had gone from 992 and change to 997 and change. All the payments for 992 were deposited by the mortgage company then a letter demanding difference was sent then a check was cut by the company to refund the payment. Anyway I was able to simply deposit all the checks they sent and add in another 3000 of my cash and re-instate the loan. ( I called them as soon as I got home but they said I had to speak with the foreclosure attorney)

My question is this: Of the $3000.00 out of my pocket $600.00 was for attorney's fees with another $792.00 for expenses. Everything I can find online says Georgia caps attorney fees for foreclosures at $500.00. Is this true? Does the attorney owe me $100.00 and is there a cap on expenses?

Thanks for any input.

You may want to have your attorney look into the Soldiers-Sailors Relief Act. It provides some protection against actions while deployed and on active duty etc. May not apply here but sure is worth the look.