Can my lender threaten to foreclose on my home if I do not pay? 10 Answers as of February 13, 2013

I currently owe delinquent property taxes on my homestead property. My lender has threaten to foreclose on my home if I do not pay. Can they legally do that?

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Frank Law Group, P.C.
Frank Law Group, P.C. | David E. Frank
Normally, yes. Most loans obligate the borrower to keep the property taxes and insurance paid current.
Answer Applies to: California
Replied: 2/13/2013
Durham Jones & Pinegar | Erven Nelson
Yes, because in the promissory note and deed of trust you probably agreed to pay them. If you do not pay them, the taxing authority could foreclose and wipe out the lenders deed of trust. To avoid that, the lender would pay them and go after you for reimbursement.
Answer Applies to: Nevada
Replied: 2/12/2013
Richard L. Hirsh, P.C. | Richard L. Hirsh
Yes they can since payment of taxes is certainly an obligation under your mortgage instrument and failure to pay would be a breach of the mortgage contract which would permit foreclosure to protect their interest.
Answer Applies to: Illinois
Replied: 2/11/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Your mortgage says you will maintain your taxes and insurance. If you are not paying it then you are in violation and they can take action. However, it is rare that we see a lender foreclose for these reasons.
Answer Applies to: New York
Replied: 2/11/2013
Scott Goldstein | Scott Goldstein
Yes, the lender has the right to initiate foreclosure proceedings if the security on the property becomes endangered - such as by not paying your property taxes.
Answer Applies to: New Jersey
Replied: 2/10/2013
    Alexander Law Firm
    Alexander Law Firm | Adam Alexander
    Is it your lender or their law firm? Under most circumstances, your lender can threaten to foreclose on you - legally. However, foreclosure is a very complex area of law. You should review your situation with a qualified lawyer as soon as possible.
    Answer Applies to: Michigan
    Replied: 2/10/2013
    Ken Love Law | Kenneth Love
    Absolutely that's the point of a mortgage if you don't pay they can foreclose and take the home.
    Answer Applies to: North Carolina
    Replied: 2/10/2013
    The Needleman Law Office | Scott Needleman
    It depends on the verbiage of the collection attempts. One thing that is certain is that if you are delinquent on your payments, they can foreclose.
    Answer Applies to: Ohio
    Replied: 2/10/2013
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    It depends on your contract. If the contract provided that you keep the real property taxes current - then yes they can foreclose because you defaulted on a term of the contract.
    Answer Applies to: Arizona
    Replied: 2/10/2013
    Kevin J. Connolly
    Kevin J. Connolly | Kevin J. Connolly
    Yes. The tax lien would cut off the mortgage, so the mortgagee can take steps to prevent that happening.
    Answer Applies to: New York
    Replied: 2/10/2013
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