Can my mortgge company sell my house while I recently rented it out and making payments on the home.

We were put on a payment plan for less than the actual mortgage amount now they’re saying we owe the full amount when they stated they would help us if we were still unable to make the payments now they are telling us a owe a certain amount and if they don’t receive it they will sell my home. Also they will not accept less than the mortgage amount. Can we do something?

Asked on June 15, 2009 under Real Estate Law, Arizona


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to take whatever paperwork you have, from the payment plan arrangement, to an attorney in your area, who can get into all the facts of the case, and give you reliable advice.  You have too much at stake here not to do this, because mistakes in real estate tend to be too easy -- and too expensive -- to make.  One place to find a lawyer is our website,

The law on the subject differs sometimes, among states, and I'm not an Arizona lawyer.  It might make a difference, here, that the house isn't your home any more.

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