Regarding mortgage company losing my payment.
I sent them proof of payment from my Chase account in the form of web snapshot that showed when the check posted, the check number, and payee.
Union Bank said that is was not proof enough, and I contacted my bank - Chase - to provide the back of the check. That will take 14 business days.
Subsequently, Union Bank tacked on another payment to my mortgage statement in December, and expects me to pay it.
My question is: Do I pay the disputed amount, and then take Union Bank and Amerihome to small claims and sue for treble damages (how much can I sue for?), or do I fight it out with Union Bank and suffer the risk of foreclosure?
Money is not easy flowing for me.
1 attorney answer
You have no risk of non-judicial foreclosure, which takes a Notice of Default and then a Notice of Trustee's Sale, and many months to accomplish. This will be resolved long before that. Small Claims court takes months also, and shouldn't be necessary, and no, you can't sue for treble damages.
Don't re-pay what you already paid, and what you can soon prove you paid, just pay the mortgage amounts you owe.
Make sure to keep careful track of your payments.
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