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Re: Grey Area in Timing

Posted by Rick Harmon on January 09, 2004 at 10:59 PM

In Reply to: Grey Area in Timing posted by Lughead on January 09, 2004 at 9:51 PM

: hello

: we have a note where the trustor is delinquent ....

: we are about to start the foreclosure action due to numerous failed promises to pay

: if we file and turns out that the trustor mailed a payment just before we file, who is responsible for the fees? ie of we plan to start the process say wednesday, but the trustor sent a payment on tuesday that was not received due to delay in mail, what happens??

: thank you

===========================
Hey Lugster!

Don't worry. As long as you're the one servicing the loan, you should know whether or not you've received a payment. Plain and simple, if you've sent out a Notice of Intent to Foreclose letter, gave at least 5 days or more, and don't accept any subsequent payments, just have your trustee service record your NOD and away you go. After you start, don't accept any direct communication with the trustor and refer them to F/C trustee. This way you minimize the chance of saying something that you might late regret like a promise or something. Make the trustee the point guys.
And then go fishing (or flying or whatever).

Let me know if you need a trustee referral.

Rick


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