Legal Question in Credit and Debt Law in Missouri

I am currently behind on a second mortgage I called them a couple times trying to pay a small amount on account. My payment was refused and was told unless it was a larger amount (full payment) they would not accept. I told them to note they had refused my money twice when I called to make payment. I then sent certified letter to them with a check I said in letter if they cashed check they would agree to take this amount twice a month. Check has been cashed but calls continue I have not answered due to I am unsure if this type of letter on my part is binding as an agreement since it was clearly stated if they didnt agree to return the check. Two parts question can they refuse my payments and still charge me the debt and charges? Then does my letter(proposal) hold up to a legal agreement?

Thank you for your help.

Amanda


Asked on 1/14/10, 10:26 pm

1 Answer from Attorneys
Anthony Smith LawSmith

If your agreement says you are to pay $x and you offer partial $x payemnts, they lender can refuse to take the lesser amount. As to whether your letter created a new deal with the check you sent, is a matter to be determined based upon the specific facts of yrou situation. There are not enough facts to determine with any degree of certainty whether you have made new deal.

Good luck

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Answered on 1/21/10, 6:58 am


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