Posted on: 03rd Sep, 2008 05:19 pm
I have a surplus check that belongs to me from my escrow account,they will not release it to me until I make a payment on my mortgage it is a big check what shall I do help me.
For 11/2 years I begged my mortgage company to understand that my taxes were incorrect. I went to my township, they faxed and sent letters saying that they removed my homestead tax credit-resulting in overcharging me by 1800.00.
In Jan 2010 I received a letter from my township saying that 1800.00 was refunded to my mortgage company. I called and was told because i was behind in payments they couldn't give me my money. I was told it would be applied to my past dues. So, assuming that went to my late payments when /I did send a payment in I actually went into foreclosure.
They then put me in a loan modification program which I wrote and begged them to set my taxes at the right rate- they claim they did. I sent 2 western union checks to for the first payment, I called they said they received everything and my first payment would be due in 2 months. I called to make my first payment and they claimed that I was already behind 1 month. Claiming they only received 1 check
I lost it- I said I was not paying anything until this tax problem is resolved and they find my second check.
Needless to say by the time they corrected my taxes I again went in foreclosure. I signed up for the forbearance program paid that successfully and they finally gave me my 1800.00 2 months later. in june of 2011.
My questions are--1. Can they hold my money due to a CLERICAL ERROR by my township? Do they have to release my refund wether I'm current or not 2. The day I signed the loan modification I was current, why didn't they release my money then.
Thank you
In Jan 2010 I received a letter from my township saying that 1800.00 was refunded to my mortgage company. I called and was told because i was behind in payments they couldn't give me my money. I was told it would be applied to my past dues. So, assuming that went to my late payments when /I did send a payment in I actually went into foreclosure.
They then put me in a loan modification program which I wrote and begged them to set my taxes at the right rate- they claim they did. I sent 2 western union checks to for the first payment, I called they said they received everything and my first payment would be due in 2 months. I called to make my first payment and they claimed that I was already behind 1 month. Claiming they only received 1 check
I lost it- I said I was not paying anything until this tax problem is resolved and they find my second check.
Needless to say by the time they corrected my taxes I again went in foreclosure. I signed up for the forbearance program paid that successfully and they finally gave me my 1800.00 2 months later. in june of 2011.
My questions are--1. Can they hold my money due to a CLERICAL ERROR by my township? Do they have to release my refund wether I'm current or not 2. The day I signed the loan modification I was current, why didn't they release my money then.
Thank you
If you were not in default, then the lender won't be able to hold back the refunded amount. They should have given it back to you.
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