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Foreclosure.....after payments received.

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farfromgroovin

Guest
I'm hoping someone could help me out with this.

My father had died in mid September of this year. In reviewing and contacting his creditors to notify them of his death, one of the houses he owned (In Washington) was just over 3 months behind in the payment. In talking with company x's customer service department and explaining the situation, they continually reassured me that the loan would not go into foreclosure and that everything was fine. As soon as the representatives of the estate had control of his assets, all past due payments were made to the loan.
Unfortunately, company X took the payment and sent it to their foreclosure department...yes, it went to the foreclosure department AFTER everything was caught up. This resulted in $800 in fees being attached to the loan. No written notification was sent to either representitive of the estate as well..which I believe is required by law for the vendor to do before foreclosure?
After this had happened, the representatives of the estate have attempted for the past month and a half to have company x resolve this issue...with no response from company x whatsoever.
When the December payment was mailed off to the loan, it was made out for the amount of the January and December payments. Included with the check was a letter stating very clearly that the foreclosure fees were not to be paid, and that the extra funds were to be applied to the January payment ( this was stated on the check itself as well). When company X received the check, they applied 1/2 of the amount of the check to the December payment, $800 to the foreclosure fees and the balance was deposited to the escrow account and not applied against the principal balance of the loan.
Should the estate contact a lawyer and pursue company X over this issue?
 


HomeGuru

Senior Member
The estate representative/administrator should have hired a lawyer from the begining in consistent with his/her fiduciary duties to the estate.
 
F

farfromgroovin

Guest
The estate does have a probate lawyer...not a real estate lawyer.
 
F

farfromgroovin

Guest
Nevermind...sent an e-mail to their investor relations department offering to get a lawyer and seek reimbursement for legal costs as well. Was contacted by the company president's secretary and everything has been taken care of.
 

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