If the bank has accepted a lower payment for 7 months, does that constitute an implied acceptance of a payment plan?

The bank is trying to get a foreclosure judgement against me. I spoke to their credit rep 6 months ago and told him I would make small payments - as a show of good faith - until I could catch up with my mortgage. I made the payments and then three months later I received a summons. I have continued to make the payments as agreed. I have a settlement hearing and the foreclosure counselor said that their acceptance of my payments could be interpreted as acceptance of my "payment plan" offer. Are there any cases / decisions that support this?

Thank you for your help!
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Answers (1)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
No.

To finalize the lower payment plan get it in writing.
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