Is it lawful for a mortgage lender to refuse your mortgage payments and then try to foreclose on your house?

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Is it lawful for a mortgage lender to refuse your mortgage payments and then try to foreclose on your house?

The HOA forclosed on my house and then sold it for $13,500. Then my bank stopped accepting my payments and it tried to forclose on me and ruin my credit report. It says that I was delinquent when they wouldn’t take my payment. What can I do about this?

Asked on January 16, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You write that the HOA foreclosed on and sold your home. It is possible that the HOA's foreclosure on your home constituted a default under the terms of the mortgage--it is not uncommon for a default under one obligation to trigger a default under another, for example. If this was the case, then the bank may have been justified in not accepting your payment, once you were in default. Check your mortgage and loan agreements to see if what occured constitutes a default; also, ask the bank to explain why they considered you delinquent.


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