Sutherland
Sutherland v. Barclays American/Mortgage Corp.
Opinion
Opinion
Masterson, J.
Plaintiff Sondra S. Sutherland owned a condominium that sustained severe damage in an earthquake. Sutherland contacted her mortgage company, explained what had happened, and stated that she had to move out of the damaged unit and rent another residence. The mortgage company agreed to put a “stop” on her account for three months, during which time she did not have to make any payments. Sutherland believed that the “stop” period was intended to give her a financial break to deal with the unexpected costs of the earthquake. She thought that, at the end of the three-month period, her mortgage payments would resume in the regular amounts, thereby extending the life of the mortgage by three months.
A week before the end of the “stop” period, the mortgage company informed Sutherland that her next scheduled payment had to include not only the regular monthly amount but also the sum of the three months’ payments not made during the “stop” period. Sutherland could not afford that sizable a payment, so she sent the mortgage company a check for one month only. The mortgage company returned the check as an improper partial payment and declared her in default.