Legal Question in Consumer Law in Texas

Mortgage Co

My Mortgage company has not cashed my loan payments in 6 months. Leagally where do I stand??


Asked on 2/20/07, 12:01 pm

2 Answers from Attorneys

Lewis Palomino Law Office of Lewis Palomino

Re: Mortgage Co

I think that Mr. Bradie is correct. You can lead a horse to water, but you can't make him drink. All you are responsible for is performing your end of the mortgage contract. You can't make them cash the checks. The only additional caveat I would submit is to make sure that you have sufficient funds to cover all the checks. Although, as a former hot check prosecutor, I will tell you that the law only requires you to have sufficient funds for 30 days after a check is issued. The mortgage company must assume some responsibility if you find you cannot cover all of the checks if some are submitted for payment after 30 days.

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Answered on 2/20/07, 3:13 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Mortgage Co

As long as your payments are in the sum required by your mortgage company, and you know they've been receiving them, you stand well. Remember, it's up to you to make sure they get the payments; simply dropping them in the mail won't do.

Call them and find out why your payments haven't been cashed!

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Answered on 2/20/07, 12:20 pm


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