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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117371
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have a mortgage loan than was sold several years ago to

Customer Question

Hello. I have a mortgage loan than was sold several years ago to Americas servicing company...( Wells Fargo) my loan was sold several times in the last 12 years that I've owned my townhouse, but I've been with Americas servicing company for many years now. I wrote a typical mortgage check to them in the usual amount of 1,839.74 drawn on my bank Washington Federal in Edmonds Washington. Imagine my surprise when I logged into my account and found that my mortgage company had " accidentally" attached an extra 1 in front of my payment making it a whopping 11,839.74 ! It somehow was applied to my mortgage even though my bank kept charging over draft fees and I only had 1,855.00 in my account to begin with! Just enough to pay my mortgage payment. I spent the day on the phone from the bank to the mortgage company and back again with no one claiming guilt for this mistake. Finally I spoke to someone from Americas servicing company who actually did some investigating and found out that they were at fault. It's now all documented and my bank placed a stop payment on the check. I have to give the mortgage company a new check now, and they promised to back date it so it wouldn't be counted as late, but I've hesitated to call with a new payment yet, because my mortgage is still showing a miraculous drop from me owing 203;000 down to 194,000! As great as this looks, I'm afraid it won't be changed, and when I actually am able to refinance with a better company, this will come back to bite me later as they suddenly " discover" their 11,000 dollar mistake. Any advice? Thanks, ***** ***** Edmonds, Washington
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply>
You need to pay the mortgage company first of all to make sure your loan is not considered delinquent or payment is not considered late. You also need to get back on the phone with them to get a supervisor to correct the problem with your loan balance and you also need to send them a letter following up with that call to document in writing (keeping a copy for your records as well) that you put them on notice of their mistake in the balance. You need to keep working on that correction with them and if they refuse to make the correction, then you can file suit against them for damages their improper records are causing you.