Legal Question in Consumer Law in Michigan

refusal to accept a payment

I have in the past had a partial payment refused by my mortgage company. Currently they are claiming that they will not accept any less than two of the three payments we are behind. I have been told that refusal to accept a payment is illegal and that I can consider the debt paid in full. Is this true, if so how do I go about getting rid of this debtor, and get them off my credit report?


Asked on 4/10/05, 11:47 pm

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: refusal to accept a payment

The mortgage company can refuse partial payments if your mortgage contract states that failing to make a payment puts you in default (most of them do). More than likely, your mortgage company will start a foreclosure action soon. You will need to make your payments current or ask your mortgage company if you can enter into a forbearance agreement to get your payments caught up. If not, you may want to file for bankruptcy under Chapter 13 to save your house.

Good luck.

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Answered on 4/11/05, 6:44 am


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