Fresno, CA asked in Consumer Law, Foreclosure and Real Estate Law for California

Q: How to pay mortgage if the payment is denied.

PHH mortgage returned my reinstatement payment even though it was made on time. I followed their direction and got in touch with the attorney they had to handle a foreclosure. The Letter from the attorney had a precise and clear instructions that i followed every steps of the way. I wire-transfer the stated amount on the exact good thru date. PHH then claimed that the attorney's office did not transfer the funds to PHH until March which made it seems that i paid them late when in fact i did not. I already sent all the documents which proof that i am entitled to have my loan reinstated and my house out of foreclosure. I already had Fax to PHH research department and still no response. The bill had already came with all the fees that i owe even though i already satisfy the mortgage reinstatement quote. What can i do with these people? any advise.?

2 Lawyer Answers
John T. Kontrabecki
John T. Kontrabecki
Answered
  • San Francisco, CA
  • Licensed in California

A: The good news is, because of the pandemic, the court system is shut down and it is unlikely a foreclosure will occur in the immediate future. However, this does not solve your problem. I suggest you write the attorney who has been handling this matter and explain the situation clearly as you have done here. Play nice and ask him to respond to you in writing about how he is going to fix this since he was the one who caused it.

Scott Richard Kaufman agrees with this answer

Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: In addition to the fine direction given by Attorney Kontrabecki, I'd also note that it is entirely possible that your contract(s) as they relate to this mortgage, have an "attorney fee" clause in it/them. IF so, an experienced contracts attorney or more specifically, real estate attorney, may even take this matter for you, since a win would include the other side paying your counsel. Good luck with it!

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