Legal Question in Credit and Debt Law in Illinois

Today, I make my payment, on time, in full, online, have no missed or late payments and excellent credit. I have the property up for sale but have been unable to sell the home because I owe more than anyone is willing to pay. Lots like it but I need more to pay it off than the market will bear.

I want to pay the principle down so that I can sell at a lower price, and pay off the loan without going through , refy�s , short payoffs, short sell, ect� but do not have a bucket of extra cash to do this or bring to closing.

So� What can happen if I short pay my interest only?

Here is what I mean:

I make my payment, on time, at the correct amount (total amount on bill stub) but� instead of paying online, I pay by mail with check(s), AND, do it as follows:

1) Make out 1st check for the correct escrow amount. And state in the memo line �for escrow only�

2) Make out 2nd check for the interest amount BUT,, instead of paying the amount on the bill stub ($685) I short that amount to $185. And state in the memo line �for interest only�

3) Make out 3rd check for the principle amount BUT,, instead of paying the amount on the bill stub ($207) I pay an extra $500 (amount shorted on interest) for a total of $707. And state in the memo line �for principle only�

Do they (mortgage lender) HAVE TO apply the payments as stated on the checks?

What would be the possible legal or credit ramifications of this approach?

EA


Asked on 2/12/11, 1:36 pm

1 Answer from Attorneys

You need to look at your loan documents. Most allow the lender to decide how to apply payments, regardless of what you designate. And if you pay short, you run the risk of declaration of default, a foreclosure and credit dings. If there is a way that the loan could be modified so you can make the payments in full, that would be the first thing to ask for.

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Answered on 2/13/11, 12:30 pm


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