Can mortgage company take my October 1st mortgage payment and apply it to the 2nd without permission or notice? 4 Answers as of November 01, 2013

I have a 1st and 2nd mortgage with the same company. Current on 1st, delinquent on 2nd. Can mortgage company take my October 1st mortgage payment and apply it to the 2nd without permission or notice, now making me a month behind on my 1st but yet still delinquent on the 2nd?

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Stephens Gourley & Bywater | David A. Stephens
Not if the payment was clearly designated as applying to the first, or unless the loans are somehow linked to each other.
Answer Applies to: Nevada
Replied: 11/1/2013
Janke Legal Consulting | Bruce C. Janke
You should carefully read both of your deeds of trust, or have a lawyer read them for you, to see if they include provisions allowing payments between the two loan accounts.
Answer Applies to: California
Replied: 10/31/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
It should go to whichever account you notated the check for.
Answer Applies to: New York
Replied: 10/31/2013
Law Offices of Linda Rose Fessler | Linda Fessler
It should have been applied to the first.
Answer Applies to: California
Replied: 10/29/2013
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