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Can a bank foreclose if the mortgage is constantly running 30 days late?.
Anonymous3 views6 answers
I can't make August pmt till September. Then I will be able to make one full pmt each month going forward but will not be able to make up that missed pmt for awhile.
If you are a month late on your mortgage, you are technically in default and the lender could start the foreclosure process. However, there are significant legal fees they will incur and it is not likely they will move forward. You could always call the lender to discuss your financial hardship and see if they can give you a one month forebearance or work out a plan to get caught up.
Typically it would take a bit longer in order for a lender to go down that path. The process is expensive, and if you're only a month behind they are likely to work with you (even if they send you a nasty-gram or two).
You should contact them and explain the situation and see if they will work out something. Good luck.
John Griffin WattsForeclosure AttorneyBirmingham, AL ·
Normally no. The recent changes to federal law RESPA normally require that the mortgage be about 120 days late to foreclose.
Get with a foreclosure defense lawyer in your state to make sure you understand the federal and state laws that apply to you.
Best wishes!
John
Yes. If you are in violation of the terms of your mortgage, your lender has the right to foreclose in conformity with the terms of your mortgage document and applicable law.
Contract your lender immediately to see what your options are, being late 30 days it is unlikley that the lender will move forward with foreclosure, however this may be the best time to consider loan modification. The problem really becomes if one month becomes two becomes three months at that point in time you will need to seek services of an attorney for foreclosure prevention.