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Mortgage Loan Transferred

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C

capito

Guest
My mortgage transferred my loan and I never received noticed that it had been transferred. The new mortgage holder sent me notice 2 weeks ago that I was three months late and were starting proceedings against me. I tried working with the 1st mortgage holder since my payments were going to them. Payments were made with a certified check. Since they no longer hold my loan, they have no records and said they would have transferred money straight to new holder. They referred me to new holder, I gave them paper work and dates of money sent but they said they can't do anything because they do not have money in hand. I now have to pay late payments with penalty and lawyers fees, because they started proceedings. They are also going to increase my monthly payments to cover lawyers fees. I asked why I wasn't notified about late payments and new mortgage company said they didn't have to. We'll pay all what is owed but here's the question:

1. Can we sue small claims for all back penalty fees and lawyers fees we had to pay?

2. Since we are making the late payment and penalty fees along with a lump sum charged on for lawyers fees, how can they increase my monthly payments and say it's to cover lawyers fees when the amount has been included in the total they say I have to pay? Is that double charging of attorneys fees?

Need help quick!

Thanks.
 


C

capito

Guest
Sorry, forgot, this is in California and the mortgage company is in Texas.
 

HomeGuru

Senior Member
capito said:
My mortgage transferred my loan and I never received noticed that it had been transferred. The new mortgage holder sent me notice 2 weeks ago that I was three months late and were starting proceedings against me. I tried working with the 1st mortgage holder since my payments were going to them. Payments were made with a certified check. Since they no longer hold my loan, they have no records and said they would have transferred money straight to new holder. They referred me to new holder, I gave them paper work and dates of money sent but they said they can't do anything because they do not have money in hand. I now have to pay late payments with penalty and lawyers fees, because they started proceedings. They are also going to increase my monthly payments to cover lawyers fees. I asked why I wasn't notified about late payments and new mortgage company said they didn't have to. We'll pay all what is owed but here's the question:

1. Can we sue small claims for all back penalty fees and lawyers fees we had to pay?

2. Since we are making the late payment and penalty fees along with a lump sum charged on for lawyers fees, how can they increase my monthly payments and say it's to cover lawyers fees when the amount has been included in the total they say I have to pay? Is that double charging of attorneys fees?

Need help quick!

Thanks.
My response: something just does not sound right. Pay everything to clear up the problem, then seek advice from an attorney.
 

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