Legal Question in Credit and Debt Law in California

Mortgage payment credited to wrong acct.. whos responsible?

in october my mortgage payment was already showing i paid the payment.. i called the company and stated that i didnt make the payment and what happend? i was told not to worry about the payment since it was already paid, that probably since i refied my loan there was extra monies left over and again not to worry ..my acct was current. well, now in may on mothers day the loan company has been harrassing me, said i am late in paying my monthly mortgage and i need to send in the payment today. what is the statue of limitations for having an account credited? Is this my responsibility? I think that they made the mistake and need to own up to it...what do you think?


Asked on 5/10/04, 12:35 am

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Mortgage payment credited to wrong acct.. whos responsible?

You are nowhere close to a statute of limitations issue. You obviously owe the money. Their mistake should alleviate you from paying any late penalties or affecting your credit record. Clerical errors happen ... that does not relieve you of your requirement to pay what is owed.

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Answered on 5/10/04, 12:18 pm


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