Englewood, CO asked in Real Estate Law for Colorado

Q: Can my old mortgage company demand a payment from me after they sold the loan?

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1 Lawyer Answer
Timothy Canty
Timothy Canty
  • Evergreen, CO
  • Licensed in Colorado

A: Who ever holds the promissory note can demand payment from you based on the terms of the note. Sometimes the holder of the note will delegate the "servicing" to another company. That company then has the power to demand payment and to foreclose if there is a default. You don't give enough detail for me to tell exactly what is happening. My guess is that your old company may have sold the note but retained the servicing rights. In any case, you never have to make double payments and mortgage companies are required by law to disclose changes to payments (e.g. if the taxes or insurance payments change) or changes in servicing.

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