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Trouble with Vendor on land contract applying a payment

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spedteacherita

Junior Member
What is the name of your state (only U.S. law)? Michigan

I entered into a Land Contract with my sister on June 3, 2016. She has harassed me throughout the moving process by accusing me of breaking and ruining her possessions - I did ask for proof but she could not show anything. Throughout the process she has stated that she doesn't believe there is anything wrong with me and that I know what I'm doing. In October I thought I was going to be late for a payment so I wrote out a check, dated the 26th which most of the payments are dated and sent it overnight so that she'd get it on time. In the meantime she had another check show up from my bank's online bill pay system. Either I made a mistake in setting up that payment or I forgot that I did it. When she questioned me about it after Thanksgiving, I told her that she had gotten and deposited both checks dated the 26th and made out for the payment amount and that one should be applied to the November payment. She said that she applied it to the principal amount on the loan but, on Monday, Dec 5, I received a certified letter detailing that I was in default because she hadn't gotten the November check. The check that I wrote out and sent overnight was used for 'personal expenses' which she did not delineate and also is not found in our land contract. How can I get my 2nd check posted to my November payment? She doesn't have the right to use that money for 'personal expenses' does she?
 


justalayman

Senior Member
She can use payments to her for anything she chooses. It's her money once delivered to her. The only issue is whether it is properly applied to your acccount.

Do you have a written contract? Does it address how payments in excess of the minimum amount will be applied to your account?
 

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