Escro Laws

We just purchased a new construction home 1.5 years ago. Last July we received a check for over 5,000 from our lender telling us that it was our money. I contacted the mortgage company trying to find out why there was a surplus and I thought something was wrong. No one told us that the money was property tax money that needed to stay in escro because we would end up with a shortage for the following year. Now we are having our mortgage payment raised by $980 for the next year to pay for this shortage. The mortgage company said they are not required to disclose this information that they are just required by law to give the money back. They said that it should have been notified of this through the title company at closing informing us this could happen. The lender went through our paperwork and there are no documents that we have informing us there would be an escro surplus that the first year taxes would be for land only and they would need the money the following year.