If my mortgage payment is not received and I was not made aware until the 2nd week of the following month, can late fees be assessed?

Asked on November 29, 2011 under Real Estate Law, Texas

Answers:

Brian Spaulding / Law Offices of Brian P. Spaulding, LLC

Answered 9 years ago | Contributor

It depends on the language of your mortgage agreement. Normally, the language requires that the lender receive the payment by the due date. Thus, the burden is on you to ensure your payment is received. Therefore, late fees can probably be assessed unless the error was on their end. I'd look at the language of your mortgage agreement. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.