Q: Bank sent foreclosure papers claiming we havent paid in 5 months. We have and we have bank statements proving we did.
We paid every month except December (hard times with sons medical issues) and have our bank statements as proof. Though they are claiming we haven't paid since August. Where should we go from here? Contact the bank lawyers with our proof of payments or get our own lawyer?
A: For the most part, lawyers only do what their clients direct them to do. In your case, it appears that the mortgage holder, or designated servicer of the mortgage loan, has decided to foreclose. And yet, once a party has "lawyered up" about a matter, you are bound to direct communications to the designated attorney representing that party.
I would recommend that you provide documentary proof of payment (canceled checks, or proof of debit transactions, etc., from your bank, showing date and amount of payment, and identity of the payee) to the attorneys who have contacted you on behalf of the mortgage holder, by certified mail, return receipt requested, so that you can later prove delivery of your letter. It behooves you to include a certified check or money order for the missing December payment.
It may be that the mortgage holder has changed its servicer, and your payment went to the wrong place. You should have received written notice of any change of servicer, but commonly, such notifications are sent by regular mail, i.e., you may or may not have received the notice.
Did you receive any communications from the mortgage holder/servicer about delinquent payments before receiving notice of intent to foreclose from the attorney? What did you communicate during such contacts.
It would be best to provide your proof of payments as soon as possible. In PA, a notice of intent to foreclose normally gives you 30 days to "cure" a default.
I'd also recommend that you engage counsel, and quickly, perhaps even to respond to the notice of intent to foreclose you've received, and your lawyer can review your proofs of payment, and assist you with your response to the mortgage holder's lawyers.
One lesson my experience has taught me, time after time, is that banks make mistakes.
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