Can my mortgage company keep putting off my re-modification and still forclose even after they told me not to pay until the process was complete?

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Can my mortgage company keep putting off my re-modification and still forclose even after they told me not to pay until the process was complete?

Asked on August 31, 2010 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) Can a mortgage company keep putting modfication, even indefinitely? Yes. There is no law obligating them to modify a mortgage.

2) Can a mortgage company foreclose for non- or late-payment when they themselves told you to hold off on paying? No--or at least, that's the law. As a practical matter, if you do not have something in writing from the lender authorizing or instructing you to not pay until the modification is resolved (e.g. if all you have is  your recollection of a phone conversation with a CS or account rep), you may have a great deal of trouble proving that you had a write to defer payment and therefore did not default on the loan.


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