Legal Question in Credit and Debt Law in California

Re: Home mortgage and Credit card relation

I did say, "Read the contracts" (or RTFC). You have (or you should have) copies of the respective mortgage and credit card contracts, I don't. There's no way any lawyer can answer your question without drilling down into both the mortgage and credit card contracts.

We see many situations where a consumer has both a deposit account and a credit card account with the same bank, the depositor is overdue on his or her credit card account, and is very surprised to learn that the bank has sucked all the money out of the checking account to cover the credit card debt. And usually, banks not being stupid, there is small print in the deposit agreement that lets them do this. Also usually, the consumer has not retained copies of the contracts. A common variant on this situation occurs shortly after the bank with the deposit account merges with, or buys, the bank with the overdue credit card account.

If you want to fax me the Note which is secured by the Deed of Trust on your home, I'd be glad to read it. But you could probably do this yourself.