Can a bank foreclose on my mortgage if I am still paying it in full every month?

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Can a bank foreclose on my mortgage if I am still paying it in full every month?

I am thinking of applying to a state assistant program for helping me pay my mortgage. Will this process send a red flag to my lender and cause them to foreclose on my house even though I am still paying and have never missed a payment? Do they even have the right to foreclose on me if I am still paying in full every month?

Asked on November 8, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you are current on your morgage securing the loan on the property, the chances of the lender foreclosing upon it absent an actual breach of the terms of the mortgage (payment of taxes and insurance) would be remote and have no factual basis.

The application to a state program for assistance to help pay your mortgage would not in my opinion send a red flag to your lender concerning your loan. Good luck.


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