late fee question on mortgage.

[jessegirl]

I have a mortgage and a 2nd mortgage with the same lender. I was late last month on my 1st mortgage but a day so they put a late charge on my 1st mortgage. I paid my second mortgage on time. Now I still have not paid the late fee on the first mortgage. I am going to include my second mortgage in the BK. Now my question is being that I have not paid the late fee on the first mortgage yet, can they try and say that I am not up to date on my mortgage?

[Flamingo]

Technically they could because if you look on your mortgage payment stub, you should have an indication as to what amount to send if your payment will be late (i.e., if paid xx days or so after due date). So that would be your mortgage payment for that particular payment and if you did not pay the "late" portion, you did not make the full payment. Call your lender and ask or pull out your mortgage paperwork that you signed at settlement and review their late or nonpayment small print information.

[jessegirl]

will do flamingo. I should just pay the fee, to avoid any further problems. Thanks