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Updated over 10 years ago,

User Stats

3
Posts
1
Votes
Sam S.
  • Real Estate Investor
  • Irving, TX
1
Votes |
3
Posts

Is it the lender or foreclosing attorney office who can expedite stopping a foreclosure?

Sam S.
  • Real Estate Investor
  • Irving, TX
Posted

We are buying a property subject to current mortgage. It's scheduled for foreclosure auction in Tarrant County, Texas on 6/3/2014 (next Tuesday) and we will be closing on it in a few days.

Upon speaking to the lender and foreclosing attorney office about paying the reinstatement amount after the title transfer to bring the mortgage current in order to prevent the foreclosure, we've received different instructions on how to pay. The lender asked us to wire-transfer the amount to the lender where as the foreclosing attorney office asked to overnight mail a certified check made out to the Lender to the foreclosing attorney office. We want to ensure that the property actually gets taken off the foreclosure list after we bring the mortgage current.

Who has the final say, the lender or the foreclosing attorney office, on stopping a foreclosure once the mortgage is made current? Is it the lender because the foreclosing attorney office works for the lender? Or, is it the foreclosing attorney office who is representing the lender for collecting a debt, just like all negotiations for a personal debt collection has to be handled with the collections agency after it's been reported as a collections item?

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