Originally posted by nongoogleable1
Now to a refusal of payment. First, the tender, or offer, must be in accord with the terms of the original agreement (partial payments don't apply).
But that if the account is current, and the payment is being tendered in form, and accord, with the terms of the original agreement then this
applies;
U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS , PART 6. DISCHARGE AND PAYMENT
§ 3-603. TENDER OF PAYMENT.
(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there
is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with
respect to the obligation to which the tender relates.
en.wikipedia.org...
Article 3 UCC does not apply to mortgages. A mortgage is not a negotiable instrument. It can be used to secure a negotiable instrument (i.e. an iou)
but the mortgage interest itself, and the mortgage agreement, are nothing more than collateralized loans with a recorded lien over the house as
security in the event of default. If you tried to pay in accordance with the terms of the agreement, then this would surely be a breach, but where the
creditor has laid out, with clarity, how payment is to be made and when payment is to be made, the mortgagor/homeowner is not allowed to do whatever
he wants in the belief that he can satisfy his debt.
After he has defaulted, he has limited options to redeem, and bringing in a few hundred dollars in cash probably isn't going to cut it (doubtful
whether or not the bank branch would be the correct authority to approach on this - BoA might have made the loan, but that doesn't necessarily mean
that the local teller at your bank branch or even the manager is necessarily authorised to make any representations or to alter the terms of the
mortgage agreement without approval from higher up.
And yes ... it is wikipedia. But it gets the job done.
edit on 8-2-2012 by duality90 because: (no reason given)
Edit: after doing some investigation ... although the mortgage interest itself is not actually governed by UCC, the promissory note the mortgage
secures might be governed by Article 9, if not Article 3... (I didn't train the US, so forgive me)
In any case. You don't get to default on payments and then have that debt forgiven because you tried (unlawfully) to redeem the mortgage.
edit
on 8-2-2012 by duality90 because: (no reason given)