I’ve received a late payment notice from my bank, but I am on time with my mortgage payments. Can they legally foreclose on my home?
To foreclose on a property under existing Florida law, a lending institution must show not only a borrower’s default, but that the foreclosure is warranted under Florida’s laws of equity. If your lending institution cannot do this, they cannot foreclose on your mortgage.
Lending agents will typically not start foreclosure proceedings until you, as a borrower, have gone 3 months without making a mortgage payment, and have therefore defaulted. The 3-month rule, however, is not hard and fast and will depend on the lender.
Homeowner beware ! Make sure your mortgage modifier is licensed
South Florida Sun-Sentinel.com
More than 16,100 mortgage modification complaints filed in past six months
Mortgage modifiers must be licensed under new Florida law
State regulators cracking down, with 83 active investigations
Originally published By Diane C. Lade
South Florida Sun Sentinel
6:38 PM EDT, August 26, 2009
Hundreds of people calling themselves “foreclosure rescue specialists,” promising to quickly cut through red tape and reduce mortgage payments, have taken millions of dollars from South Florida homeowners over the past year for their services.
But unlike mortgage brokers or real-estate agents, mortgage modifiers are not required to have any special training or even a license — something many consumers don’t know.