Money Order Was Lost in Mail, Bank is Threatening to Foreclose

[aweir14150]

My question involves a foreclosure in the State of: New York

My friend was approved for a loan modification for home mortgage providing he did not miss ANY payments. He sent the money orders on December 5th and the payment was due December 14. On December 18th he received a letter stating that his request for payment agreement has been denied because of

"failure to adhere to the agreed upon terms of the forbearance. Borrower did not pay the scheduled repayment plan payment."

He contacted the mortgage company and they have confirmed that they have not even received the money orders.

He has the receipts as proof that he purchased them the 5th yet the mortgage company has refused to allow a payment extension to receive the reissued money orders. He is considering contacting a lawyer. what advice can you offer. Is proof of a money order sent...and not received defense against a foreclosure preceding? Can the post office offer any kind of help?

[jk]

Is proof of a money order sent...and not received defense against a foreclosure preceding?

what proof does he have that the MO was sent?

[aweir14150]

Well, sooner or later the money order is going to be found, along with the post mark date of the *unopened* envelope. Is this proof? It's hard to believe that a money order could be lost forever and it never turns up ANYWHERE. Is the postal service that inept?
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[aweir14150]

The other issue that we're facing is that the mortgage company now want two months payment by Jan 18 but we don't know how long it is going to take reissue the lost money order. If the old one should show up art the mortgage company, why woudn't they use that as proof of an attempted payment and give us time for the new one to arrive?


Would they be bold enough to destroy the old money order and lie to us that they never received it?

[jk]

=aweir14150;274212]Well, sooner or later the money order is going to be found, along with the post mark date of the *unopened* envelope

ever read those stories about the 30, 40, 50 year old letters turning up? Mail does get lost and never found sometimes.

. Is this proof?

Sure, if it were to happen. What are you going to do until such time the thing turns up?

It's hard to believe that a money order could be lost forever and it never turns up ANYWHERE

Really? Never heard about the postal workers throwing away mail because they got tired of delivering it?

. Is the postal service that inept?

**** happens.

In other words, you don't have any proof of mailing, correct?

[jk]

;274219]The other issue that we're facing is that the mortgage company now want two months payment by Jan 18 but we don't know how long it is going to take reissue the lost money order.

Have youspoken to the issuer of the MO? If not, I would get on the phone post haste and find out.

If the old one should show up art the mortgage company, why woudn't they use that as proof of an attempted payment and give us time for the new one to arrive?

again, can you wait?

Would they be bold enough to destroy the old money order and lie to us that they never received it?

I didn't have dinner with those folks last night so I couldn;t answser that.

anything you mail that is time critical or proof critical, you need to mail it in some manner there is tracking.

[aweir14150]

No but common sense right...why would you pay $750 for a money order and then NOT mail it. Money down the toilet.

Maybe I'm just too realistic.

[OhMy]

The money is not lost or gone forever.

Just go to where you purchased the money order, file a lost claim notice, and in a few days they will issue you a refund.

You can then re send the money CERTIFIED mail.

[aweir14150]

as of right now there is no proof that it was mailed or cashed, the mortgage company just wants more money because we "did not keep the agreement".

[OhMy]

as of right now there is no proof that it was mailed or cashed, the mortgage company just wants more money because we "did not keep the agreement".

You or your "friend" needs to contact the mortgage company. The last thing you would want is for a NOD to be filed. Then you will have legal fees and inspection fees to pay ontop of what you owe them.

I would suggest that you replace the LOST money order and borrow what you or your "friend" needs to bring the account current.

To try and fight a lender in a foreclosure is not a wise thing to do, the only winner is always the lender.