Wednesday, August 08, 2007

query: is it too late to talk with your mortgage lender about making a mortgage payment

It's never too late to talk. So, give it a shot.

In normal circumstances, there is a point in the foreclosure process where you reach an all or nothing point. This is your "Last Chance Texaco" moment called reinstatement.

Read your mortgage document and look for that word - reinstatement. The FNMA 3039 PA Mortgage 1/01 contains this language in Section 19. It reads:

"Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonable require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18."

[Section 18, BTW, is the "due on sale clause", which a lot of people ignore for some reason. I never understood why.]

Sooooooo, call your lender and ask if it's too late to start making payments again. These are not the usual circumstances and so there may be lenders, who hoping to avoid foreclosure, will modify your terms and extend the maturity date. Then again, they may not. But what have you got to lose by calling?

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