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Check the reinstatement cutoff date....

Posted by Ward-CA- on December 07, 2003 at 8:33 AM

In Reply to: trustee refused to accept cashiers check and tax payment posted by Kemp on December 06, 2003 at 7:32 AM

: I took a cashiers check for the payments owed plus 2 months in advance and had a paid reciept from the tax assessor for the property taxes and a check for the attorney's fees before the auction date and he refused to take them and said he was going to forclose anyway. I filed bankruptcy to stop the sale, now what do I do? I'm not sure what I can do about them refusing payment in full. Texas property laws are hard for me to understand
==========================

Kemp,

Most state foreclosure procedures incorporate a reinstatement cutoff date, after which the trustee can refuse to accept any sum less than a full payoff of the entire loan plus all costs and late charges.

Now that you have forced a postponement of the foreclosure auction due to your bankruptcy filing, check to see if the cutoff date has been reset into the future too. If so you might be able to just reinstate the delinquency now, rather than being required to pay the whole loan off.

Hope this helps.


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