Revere, MA asked in Consumer Law for Massachusetts

Q: I've been told to withhold mortgage payments while the loan is getting refinanced - is this really wise?

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1 Lawyer Answer
John Mansella
John Mansella
Answered

A: Who told you to withhold mortgage payments? -- an Attorney?? You should make sure it's not one of those scams parading around pretending to be a law firm that "modifies" your loan for a hefty fee. Some of those are legitimate, but some are scams. Some say they're a law firm, and they may be (in another State or jurisdiction), but not licensed in the State that you're in, which would make them ineligible to represent you in a modification in your State. Typically, those schemes tell you not to pay your mortgage payments and instead to pay them to help you "modify" the loan. My background includes representing mortgage lenders/banks, and then homeowners and tenants facing foreclosure, and this tends to be an area where I practice often. From that experience, I can tell you I cannot think of a situation where withholding mortgage payments would help you. BUT, I should caution you-- if an attorney LICENSED IN YOUR STATE has advised you of it, then you should ask your attorney's reasoning for the advice and determine if you wish to proceed accordingly. You can always get a second opinion. However, in short, not enough information is provided in your post to direct you to the right place, so I cannot give you a "solid" response here. You should consult a Massachusetts-licensed lawyer immediately and without any delay before making any decisions.

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