Can mortgage company charge me with foreclosure and attorney fees ifI never received foreclosure papers?

UPDATED: Aug 19, 2011

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Can mortgage company charge me with foreclosure and attorney fees ifI never received foreclosure papers?

I fell behind in my mortgage, they are working with me on a re-payment plan, but they are charging me fees of like $3000.

Asked on August 19, 2011 Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Most likely your mortgage company can charge you for the foreclosure and attorneys fees associated with the foreclosure process of your home under the terms of the mortgage or trust deed that you signed even though you never received the foreclosure papers.

The thinking on my part is that you signed a mortgage or trust deed allowing for such charges concerning the loan for your home. You were not making payments on the monthly amount of your loan and as a result a notice of default was supposedly to be served upon you and most likely was recorded upon your home.

Foreclosure and attorney fees were incurred by your lender. If your lender is working with you on a pre-payment plan, you should work with it assuming you want to keep your home and end up paying the additional $3,000 incurred in the foreclosure process.

Good luck.

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