New Smyrna Beach, FL asked in Consumer Law, Foreclosure, Real Estate Law and Communications Law for Florida

Q: Do we have a suit against Carrington mortgage?Plz read details. Thank you

After making all timely payments on our mortgage that was sold from Bank of America to Carrington in February of 2018. they State we owe June and July of 2018 even though we have proof that we sent the checks & they were cashed by Carrington. On Friday July 19th 2018 we received a foreclosure notice that if we didnt pay the back payments of June and July by August 11th they will foreclose on us.

They asked that we send proof that we paid June & July 2018. We went to our bank which is Space Coast Credit Union. They researched the digital footprint on Monday July 23rd. My bank faxed the proof that they received & took the money out of our account. We never received any correspondence from Carrington we were late on any of our payments. I found all this out when I went to Credit Karma & noticed my mortgage balance went up instead of down. my credit of 806 is now 618. My ? Is should I seek counsel.

2 Lawyer Answers
Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: I don't think you need counsel yet - as you have not given the lender time to digest the information they probably just received yesterday or maybe not even until today.

But - if Carrington proceeds to foreclosure then you must seek counsel immediately. In the meantime you can ask for an accounting of our entire mortgage account history and you can see if maybe years ago there was some hick-up or missed or late payment that caused some discrepancy unknown to you or forgotten by you that is now causing this problem.

Give them 10 days to digest your provided information and respond to your proof of payments.

1 user found this answer helpful

Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Consumer Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: I agree a lawyer can't do anything for you yet. It is very possible they will reverse the delinquency if you truly did pay and they cashed the checks. Could be a simple mistake, definitely nowhere near a lawsuit against them yet.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.