late for two, default, NOD, paid next two, missed,what next?

yo yo mama · Joined: 02 Nov 2009 Posts: 1

Hello, everyone

i am new to the board and looking for some help on a problem that I am dealing with.

I am working on a problem for my mother.

Specifically, I am wondering what month banks apply payments to.

Here are the facts.

My mother got into a house that was over her head. Some medical problems later she was getting tight on money.

Jan- she paid her mortgage payment
February- she missed
March- she missed
April 1- she received a notice of default
April- she paid a payment
May- she paid a payment.

**What months would a bank apply those payments to. She just sent the monthly check into the bank.

Will those payments be applied to Feb. or March.?? or will they be applied to the current months.****

The reason I am asking this is because it relates to her ability to prevent foreclosure via a mediation clause.
If I can say that she had the payments applied to her Feb and March payments wouldn't it render the Notice of Default invalid and force the bank to serve another one.

Should that be in the mortgage? Can I call the bank and get the details of this??

Thank you so much for your help. God bless you all for the help

almsloanmod · Posted: Wed Nov 04, 2009 6:25 pm Post subject:

Since your mother has already missed payments and recieved a NOD her payments made in April and May will not stop the bank from forclosing. Until she pays all the past payments due and has brought her mortgage current the bank will continue with the forclosure. She can contact her bank herself to initiate the process, but the best bet would be to hire a loan modification attorney that has experience stopping the bank's forclosure process and getting homeowners into loan modifications.