Legal Question in Real Estate Law in Maryland

What is considered proof of payment

Recently my home loan was sold. The new company accepted my Jan 98 payment, cashed my Feb 98 payment, and the March 98 payment. I received a statement from the company stating that I was behind in payment. After contacting them I found out they had no record of the Feb 98 payment. I then requested a copy of the cleared check from my bank and faxed it off. Only to find out they would not accept this as proof because the loan account number could not be read on the front of the check. And their numbers were not clear on the back of the check. I have requested a clear copy again from the bank, but if it can not be read they have stated they will not update my account. The original check was shredded by the bank and the copy comes from miro fish. The cleared copy does clearly show my name and address, the date, and their deposit information, to their bank. What can I do I do not want to pay this again and I don't want a negative report of credit. I live in Maryland the company is in IL. The loan type is VA. Please Help


Asked on 4/01/98, 7:45 pm

1 Answer from Attorneys
Jamie Bonenberger

consumer credit, loan check

Even if they cannot read the loan number, dosen't the check state the name of the partyand the correct amount of the loan on the check?Also, get a copy of your statement to show it hasbeen cashed, if the cert. on the back is not verification.

This really does not make sense. So long as the name andthe amount is correct, it should make no difference that the number is illegible! To be quite frank with you, I think thisis the type of matter that could be settled by a strong letterfrom an attorney!

Good Luck!!

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Answered on 4/16/98, 5:15 pm


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