Legal Question in Consumer Law in Missouri

My family bought a home and financed it through a private individual/company. We are attempting to make our payments on time; however, he has changed the way he wants the payments made to him. At first we were paying with cash and getting receipts. Starting with Oct payment he wanted them mailed to him. We are now sending them certified mail, return receipt, and in check form so we have a copy of the cancled check after he cashes it. We sent this months payment out at the end of last month. It has now been sitting at the post office for 10 days as he wasn't in his office to receive the letter when delivery was attempted. It is now past due. What should I do if the letter is returned to me because he failed to pick it up? What legal options do I have if he attempts to charge me late fees or "foreclose" due to non-payment? I have my receipt from the post office with the date and time that I sent it out. I have also printed out from the USPS sight a copy of when delivery was first attempted and the fact that a notice was left. Please help.

Thanks,

Barbara


Asked on 11/07/09, 3:02 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Some of what you ask will depend upon the terms of your financing agreement. However, it seems that you are doing a good job of documenting your payments. If the letter comes back to you, photocopy the envelope, and mail it again in anoher envelope. Keep track of the deliver attempts you already have. ne mail the envelope in new envelope, ( either certified or some otherwise documented as to deliver or attempt)

Good luck

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Answered on 11/21/09, 10:30 pm


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