Antelope, CA asked in Banking, Collections and Consumer Law for California

Q: Can a bank make a payment with my credit card without my permission to pay the mortgage on our house?

Husband had mortgage with wells fargo. I had an account with them and a credit card. Husband could not afford to make mortgage payment so wells fargo charged me on my credit card for it. This all led to a chain of events with us finally loosing our house and being sent to collection for this.

1 Lawyer Answer
Sergio G. Chaidez
Sergio G. Chaidez
  • Consumer Law Lawyer
  • San Diego, CA
  • Licensed in California

A: Unless you authorized them in your credit card or mortgage agreement to process that payment, then no. Bank contracts sometimes have clauses in them that say you authorize them to make certain payments on your behalf if certain conditions are met. This may be what happened. But you need to make sure. If that is not what happened, then you may have a cause of action against them.

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