Here is the scenario - You are trying to sell a property and you order a payoff from your mortgage company, but that payoff quote comes in much higher than you believe that it should.
You are in a real bind.
You need to sell, but you don't want to overpay. What should you do?
This is particularly problematic where you are in default on your mortgage and the lender has started tacking on exorbitant penalties and attorneys' fees.
The answer is that you better protest the payoff, in writing, while requesting an itemization and then, you should pay it anyway.
If you do, you can then file a motion for an accounting and ask the court to compute the appropriate fees, charges, expenses, and other payments due under the mortgage.
If you don't, your motion to the court for an accounting will probably be denied in light of the voluntary payment doctrine, equitable estoppel, and waiver bar the accounting.
Again, protest and pay is the strategy based upon the appellate court decision in US Bank v. Cordero.
Are you selling a house in foreclosure? If so, pay attention.
