Can charges be filed against our mortgage company or foreclosure fought if it refuses to provide proper documentation to get our mortgage up to date?
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Can charges be filed against our mortgage company or foreclosure fought if it refuses to provide proper documentation to get our mortgage up to date?
We fell 2 months behind on our mortgage due to a car repair in June 2019, and requested mortgage assistance from St. Vincent De Paul, they have pledged the 2 months of payments to the already,all that St. Vincent De Paul needs is a W9 from the company to get them paid, but they have not released one to either myself, my husband or the St. Vincent De Paul Society for over 5 months. The mortgage company has been completely unresponsive to phone calls, emails and faxes. We and St. Vincent have been calling and emailing them since this started in June. This has also been racking up late fees since they refuse to give us the information we need to get them paid. Would this be against MO’s foreclosure laws if they decide to pursue that route or do you have any advice on how to retrieve the information needed to get them paid and remove the late fees accrued?
Asked on October 18, 2019 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can file a lawsuit against the mortgagee (the lender) for "breach of the implied covenant of good faith and fair dealing." A mortgage is fundamentally a contract; and every contract comes with a term added by law ("implied" to it) that the parties to the contract do not deliberately act in such a way as to try deny the other side the benefits of the contract, which is what the lender is doing.
This action can be brought on expedited or "emergent" (think: "urgent" or "emergency") basis, seeking an "Order to Show Cause" requiring them to provide the requested information and barring foreclosure pending the outcome of the action. You may also be able to seek monetary compensation (e.g. the late fees you racked up, but shouldn't have).
Emergent lawsuits are procedurally more complicated: you are strongly advised to retain an attorney to help you.
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