Learn. Share. Connect. (52,322 Members)  - Join

Site Tools

Join Now or Sign In
for Full Access to All Features

Local Professionals
(Change Your Location)

Please add 8 and 1 and type the answer here:
Mortgage Rates
30 Yr FRM 4.83% -0.08%
15 Yr FRM 4.32% -0.04%
1 Yr ARM 4.35% -0.11%
5/1 Yr ARM 4.25% -0.04%
30 YR Tres 4.31% 0.01%
Fed Prime 3.25% 0.00%
Q: Can your lender deduct late charges from your regular/normal mortgage payments? In doing so, I am now short on my current month's mortgage payment. If this is not allowed, what course of action can I take against the lender.
  • The note and security instrument usually will list the order of application of payments.  The order is usually first money to interest, then to principal, then to escrow or advanced funds and finally to late charges.  You should review the application of payment section in your note and security instrument [mortgage deed or deed of trust] and if the payments are being shorted, you should point this out to your lender.  You will want to address this with your lender immediately, because if they are reporting wrong information to the credit bureaus that will be time consuming to fix and may affect your credit in the interim.  You will still need to pay the late charges at some point in time, however.

    If the note and security instrument show that the lender is applying your payments incorrectly and refuse to correct the information, you should contact either an attorney or your state's banking department for redress.  But, you should always give them the chance to correct the problem.  And you should calmly cite the section in the note which addresses application of payments.  Talk to as many supervisors as you need to and have them issue you a correct statement.


    Answer Submitted on Mon, Dec 15 2008

    Rate this Answer:
    Answer Contributed by: MisterVA
    Paul Chandler, Certified Mortgage Professional
    Blog: www.misterva.typepad.com
    www.misterva.net
    Prime Lending
    Jacksonville FL



    Certified Mortgage Professional in both New Hampshire & Vermont.
    Licensed Mortgage Broker in Florida
Submit Answer
This page has been accessed 669 times
Have more questions?  Visit our Consumer Forums and discuss your questions with our network of industry professionals.

Important Disclaimer: Questions and answers provided on the Mortgage News Daily Wiki are general information, and are not intended to substitute for informed professional financial, tax, legal, investment, accounting, or other professional advice. Mortgage News Daily does not endorse, and expressly disclaims liability for any product, service or service provider mentioned or any opinion expressed in these questions and answers. Please read carefully the Mortgage News Daily Wiki Disclaimer.