Legal Question in Real Estate Law in Florida

Mortgage Company Keeps ''Losing'' Payments

Mortgage company based in CA claims did not receive Jan 2006 payment sent to usual TX payment address. Sent another payment from local office, did not cancel mailed one. That payment hit bank 4 days. Sent Feb payment from local office as well as ''late charge'' ( on Jan which they originally said they wouldn't charge) and escrow shortage on Feb 2. They supposedly send out overnight with other papers. I saw the receptionist place the 3 checks in an envelope and place with the package. As of Feb 8 checks have not hit the bank.

House FMV (by comps) about $200K, the mortage payoff is $49K. I suspect the morgage company is playing games and will try to foreclose to effectively steal the equity. This is not the first time(s) this has happened, everytime we get calls and offers for loans. What I really need to know is under what specific law would this fall, that of failing to accept payments. I am not availing myself of the offer of overnighting again, will be using certified mail in future. To tell the truth I want to set a trap, any ideas? I am in FL.


Asked on 2/09/07, 12:45 am

1 Answer from Attorneys
Johm Smith tom's

Re: Mortgage Company Keeps ''Losing'' Payments

I would suggest you use an online banking process so they payment goes electronically or at least the bank is sending it, always schedule the payment to arrive at least one day before the due date. If they are doing this, it would definitely show bad faith. You have to keep detailed notes of everything as it happens so keep a computer document or notebook in chrononlogical order each time something happens on this; proving your case is a little easier this way. I would have to read your agreements and then research this area of the law to find out what recourse you would have, but you can always report them to the Better Business Burlea and state Office of the Attorney General, but make sure you are correct about the facts first!

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Answered on 2/10/07, 8:27 pm


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