Deed of trust

[Loraineg]

What is the name of your state? texas
We have been paying on our land for 9 yrs. In Sept the payment was due by the 20th..
I left a message I was late and would be making it. I sent it off on Oct 21. I recieved a letter from an attorney on Oct. 21 saying I was in default and wanting 300.00 attorney fees and 2 payments. The payment I sent for Sept was refused and returned saying I had to pay the legal fees first before the land payments will be accepted. We have not had a problem before this in the 9 yrs we have been paying. Can they do this?

 

[seniorjudge]

Can they do this?

Sounds like they already did it.

I know nothing about Texas law but read your deed of trust/mortgage. It may possibly say that if you are delinquent for a certain amount of time that the lender can declare the whole amount due and payable immediately and commence foreclosure proceedings. It may also say that they do not have to accept partial payments and it may also say that if they do accept partial payments that it does not waive any other rights they have (including foreclosure).