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Long story somewhat short...

Due to more than one error by my mortgage holder, my escrow account had an overage in it, to the tune of about $3k. In the process of getting this resolved and refunded to me, my mortgage was sold to a new lender.

I had been told by multiple customer service rep's, over several weeks, that the overage would be mailed to me. Then I was told it would be wired to me. Obviously I never received anything from them and now I'm being told that I have to resolve this with the new mortgage holder. In speaking with the new holder, it will be 12-15 days before my information even hits their system and is visible. I figure by the time that rolls around, a new escrow analysis is ran I'll be at 30 days before this is resolved.

To add to it, I have a document from previous mortgage holder stating that my escrow account had been updated and my mortgage payment would return to the initial lower monthly payments effective the next monthly payment. Sure enough, that next payment was debited from my checking account with the inflated escrow portion. Fun!

My proposed solution for when I call the previous mortgage holder back tomorrow, is they wire me the funds that they should have weeks ago and collect the overage funds back from the new mortgage holder. I'm sure it will go over like a lead balloon, however am I out of line and/or simply wasting my time? Any thoughts from those that may deal with weird shit like this?
 
Posts: 2679 | Location: The Low Country | Registered: October 21, 2008Reply With QuoteReport This Post
Left-Handed,
NOT Left-Winged!
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I had an issue with money missing from my escrow and not being refunded at closing when I sold the house (after moving to a different state). Loan had been sold from the local bank to GMAC and GMAC refused to fix it. I talked to them at length, trying to get them to understand they bought the asset, but also the liabilities and it's their job to figure out where my money went.

I thought the only option was to file a lawsuit, and see if they settled to avoid the cost of a litigator just showing up in court. But after looking at the numbers again, I called the county tax office and found the local bank had double paid my taxes before selling the loan. Between them and the local bank they fixed it without involving GMAC.

But I decided then that GMAC would never get any money from me ever again, and if they ever bought a loan of mine I would refinance immediately to anyone else but them.

Then there was the escrow on my current house - county was late getting the tax bills out and only 1/2 of the year was billed and payed, so I had an overage the next year that got refunded, only to have 3 tax bills hit and cause me to be underfunded. So now, I never escrow unless the bank absolutely requires it for the loan.

Advice - clearly summarize the account inflows and outflows, the overage, and demand payment in a reasonable amount of time, and send it registered mail delivery confirmation. If they don't do anything, talk to a real estate attorney.
 
Posts: 5022 | Location: Indiana | Registered: December 28, 2004Reply With QuoteReport This Post
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