My mortgage lender sold our loan to another lender. Since then, there have been attempts to collect on late fees as old as 10 years. Is this legal and do we have any recourse to refuse to pay? I thought dept over 7 years old was typically "written off" especially if there have been no attempts to collect it up till now? by bgrlsa_738_978 from San Clemente, California. Jul 2nd 2012
As long as the note has a balance on it, then there is no "statute of limitations" remedy on any fees or charges you incur under the terms of the note, so yes, if the late charges were legitimate at the time they were charged (ie: you were late) then the charges are collectable by the lender, or the subsequent holder of the note. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ www.LoansA2z.com 888-889-9950
The late fees are on an open note, and the lender has every right to try to collect... they cannot show you late on a mortgage payment if you don't pay the late charge, so it's not going to affect your credit.. But ultimately, they will collect the late charges.. or they won't issue a conveyance when you go to pay that last payment, or will add it to a payoff if you sell or refinance.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com
Each state has their own statute of limitations. If they have released the lien, then you should be fine with getting it removed from your credit reports and checking your states statute of limitations for unsecured debt. If the lien is still there, most title companies will insure over that lien after the state statute of limitations has expired. Hope this helps.
The answer is yes they can. As long as on every mortgage statement since you were late, your late fees were listed as outstanding or year to date, you can still be asked to bring them current.
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