[krystalvhicks]

I wrote a check to pay for my mortgage payment and the mortgage company and my bank both made a mistake and deposited the check for $1,000 less then what was written. Then right after this happened we got a letter stating the mortgage company had made a mistake and was correcting the error and put our account up to balance. Basically it made it sound like they we "giving" us $1,000. That was over 2 months ago. Today they debited our checking account $1,000. No notice, nothing. Is this legal? What is the statute of limitations? I know they are due that money but they made a mistake. We would be happy to have paid the money right away but why are they allowed to take so long to debit our account? And does this mean they can go in and take out money any time they want? Is there any advise you can give?

[Mr. Knowitall]

So due to a mistake a check was cleared for $1,000 less than its face value, you were notified that a correction would occur, and a correction did occur? What's the problem?

[krystalvhicks]

We weren't notified that a correction would occur. The letter stated "...was processed for $278.32; however, the check was written for the amount of $1,278.32. To correct this error, we have applied $1,000.00 to your mortgage account. Your account is paid through August 2005 and is next due September 1, 2005." If the letter had said anything but applied then I would have understood that they would take money from our checking account. But they said applied. Which tells me that they have basically "eaten" the cost as a costumer service, goodwill issue. Then to come back 70 days later and take the money out without notifying us, how can that be legal? We were the ones who actually found the error and called the mortgage company. Is there anything we can do about this? Also, the bank says it was an electronic check (after a week of getting the runaround) and not their error. Can we do anything on the bank side? They are the ones that trusted the other bank to do their job. Wells Fargo says they do not verify any of their checks when they come through your account.