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unethical practices by USBank

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musiclover69

Junior Member
What is the name of your state? Maryland

USBank is the holder of my 2nd mortgage. I started with this company in Jan 2007. They received payment for my Jan payment.
I got the statement for Feb, and they stated that I owed two months' payments. I called them and told them I paid Jan, and they said, "Oh ok, I see now. You did pay. Sorry."
I paid Feb, and surprisingly nothing went wrong that time.
I paid March's payment on the 13th.
I went online to pay April's payment on the 7th and I see that they never took the money for March. I again, owed two payments. I called. This time they told me, "Oh, there was an incorrect number on the account number you gave us."
So at this point it's 30 days late! Did anyone call me to fix the error (which I'm thinking they changed the number)? NO. Did they send a letter? NO. Absolutely NO notification of the error until AFTER it was 30 days late. And to make matters worse, now they put in on my credit report.
They would not accept payment over the computer, they told me I had to call. But when I called they made me so mad I hung up on them. I told the poor man before I hung up that I would be mailing payment.
I immediately mailed a check for TWO payments. April 8th it was dropped at the post office.
TODAY, April 10, I receive a letter (dated Apr 5) stating that I was late on payments and that they could start legal proceedings for foreclosure immediately.
WHAT?!?!?!?!?!?!?!
I called again, explained the whole fiasco, and the lady tells me that they don't have to accept my check because it's now in the collections department. I reminded her that it was 30 days late, NOT 60 days...and that I didn't know it was 30 days late because they didn't bother to send the letter until Apr 5.

Now, to me, this sounds like they are trying to steal my house. They are making it extremely hard for me to actually pay the bill on time! Unethical!

If they don't accept my payment, I have to know if I have a leg to stand on, or am I completely screwed and the mortgage company can do anything they want and take my house by making it impossible for me to pay. Is this legal? Do the laws favor the mortgage company?

Thanks,
GrrrrrrWhat is the name of your state?
 


LindaP777

Senior Member
Just a quick comment . . . banks are not in business to own houses, yours or anyone else's', nor would they try to "steal" your house. They are in business to loan money.

According to your version of the story, it sounds like there are errors on both sides. They are not properly recording the payments and you are paying LATE. If you paid the second mortgage when it was due, it would not be late at all.
 

lcannister

Senior Member
If your payment, without the grace period, is Jan. 1, Feb 1, etc then you have not been on time with your payments since you got the loan. Not very responsible on a new loan.

If I misunderstand your ACTUAL due date I apologize.

March due 1st, becasue of the error you are 1 month late. April due the 1st, you pay on the whatever date, if you did not pay on the 1st then YOU ARE 2 months behind in your payments.
 

HUD-1

Member
Find out what the total amount due is and pay it ASAP. They do not have to accept anything other than the full amount due. After that is settled follow up with letters to ask them to remove the negative comments from your credit report.
 

FlyingRon

Senior Member
Whether they sent you a letter is immaterial to how "overdue" it was.
You know when the payments are do on the loan. It's up to you to make
them on time. When it's mailed is only slightly an issue. It's when they
receive the payment. Yes when you pay late, it might screw up a future
statement as these are closed before your payment was receieved and
processed.
 

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