Even if Plaintiff revealed that his brief payments would be to security his P&I and his awesome escrow, Plaintiff’s failed to entirely increase their or are not able to eliminate his escrow insufficiency because Plaintiff does not get to determine how their costs try used. The loan within parties claims you to partial repayments tends to be kept till the debtor helps make a cost to bring the mortgage latest, at which day, money try “applied on adopting the buy out-of consideration: (a) desire owed in mention; (b) prominent owed in note; (c) wide variety owed less than Part step three.” (Doc. 74-1, within PAGEID# 1043). Section step three issues the new escrow. (Id.). Essentially, the loan offers Caliber the right to apply decreased costs so you can the balance earliest before you apply the cash towards the P&We for another fee. In this instance, when Plaintiff underpaid by the $ in the fee, Quality used $ regarding the Summer payment toward Get fee to bring the new May fee latest. Up coming, the fresh Summer fee try $ small and was held up until Plaintiff paid that harmony from. Commission step three, into the provided the amount of money to take the fresh new Summer payment most recent but then the July commission is actually $ brief. Because this processes continued, Plaintiff’s amount due turned into higher than precisely the escrow balance and you may their money start to end up being short to your their P&We. The latest Oct commission upcoming called for $ regarding November payment and come up with his account current.

To this day, Plaintiff still has not completely paid back an entire escrow lack you to stayed before the Very first Settlement Arrangement. Properly, during next Payment Agreement, Plaintiff got (1) an escrow deficiency that resided as till the Very first Settlement Agreement features been shorter somewhat because of the his repayments for the 2014; and you will (2) a past-due matter you to definitely is present away from their brief payments inside the 2014.