Is it a law that if you write on your check that you are paying a specific months payment or item, they are required to apply it specifically to that?

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Is it a law that if you write on your check that you are paying a specific months payment or item, they are required to apply it specifically to that?

I have been writing on my checks to my mortgage company what month I have been paying. They keep saying that I owe for a month, but every time they bring up a month that is owed, I can prove its been paid. Upon further questioning, I find they are not applying the payment where I state, so now I can’t see if I owe, or when I owe, and they can’t tell either. Meanwhile my credit is being ruined and I am being basically harassed.

Asked on October 5, 2011 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no statute requiring that what is written on a check must be applied for what is stated. With respect to the issues that you are having with your mortgage company as to what actually is owed or not, I suggest that you make a telephone call with one its representatives to resolve the confusion.

After the telephone call is completed, you should sent a written letter to that person confirming what was stated and keep a copy of that letter for future reference. It seems clear from what you have written that there is some irregularities with the way your payments are posted with your mortgage company as to the payments that you are making.


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