QUESTION
Having a dispute with my mortgage lender. Annual escrow disclosure came in november, they overcharged my taxes, and added flood by mistake.
Asked on Jan 28th, 2017 on Collections - Florida
More details to this question:
They have refused my January payment by saying there is an escrow shortage of 601. When accounting for the flood insurance, which they added onto my Morgage AGAINST the terms of my mortgage contract, and for the over charging of property taxes it leaves me with about +700 against the -601. They refuse to fix this unless they get a refund from the flood insurance, AND refuse to send an accurate letter to the insurance to get the refund. They have their collections department harassing me. They have been in contact with my insurance agent, but refuse to send him the letter he requested, as the letter they would need to send to get the refund, admits fault on their part. I have a FL OFR complaint open now for two weeks, they have not contacted me. I'm stressed out beyond belief at this and have spent over 100 hours dealing with this. Even if it costs me out of pocket I want a lawyer to handle this for me. I have spoken to 5 lawyers who say I have a case, but they don't have the time.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
"I have spoken to 5 lawyers who say I have a case, but they don't have the time." Let me clarify for you - that is garbage politically correct speak for "You're case sucks but if I am nice to you maybe you wll hire me on real case later". There are ZERO lawyers that will come across "a good case" and simply let it go without at least a referral to a lawyer to get a referral fee. This is DOUBLY true if you made clear that you are willing to pay them a REALISTIC retainer/hourly rate to do so. By realisitic you need to understand that the amount you will spend on legal fees will likely exceed the amount in controversy of $601.00. IF what you are looking for is a lawyer to take on a small billing or C/S problem that you spent 100 hours dealing with on a contingent fee where they only get paid when and if they win - THAT is why you get the "great case - too busy" response. If you are intent on fighting this, which is perfectly appropriate as many banks engage in numerous shady practices to skim money, you may want to pay the money in dispiute with a letter explaining the payment under protest and duress and then try to sue them later for a refund. This minimizes the exposure of involiking an expensive and complicated foreclosure action over this issue or damage to your credit.
Answered on Jan 31st, 2017 at 7:36 AM
All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.