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How do you handle problems about escrow with mortgage in CH13?

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    How do you handle problems about escrow with mortgage in CH13?

    I am in a Chapter 13.

    Last year I noticed our mortgage holder did not apply payments to our escrow account but was too sick to contest the issue.

    This year, we were suppose to pay in $805.00 but instead paid in $900.00. The surplus was suppose to go to our escrow account but for 10 out of 12 months, it didn't. And for the 2 months it did go to our escrow account, the amounts were wrong. How they got those figures, I can't ascertain nor can they.

    We received our new coupon book for next year and instead of paying in less - we are scheduled to pay in more. Yes I realize that the escrow pays the taxes and the insurance and yes they did go up a little bit but with the extra we paid into the escrow account, we should be paying less to the escrow account next year.

    Not so claims our mortgage holder. I called them and they claim because we are in a Chapter 13, the extra money 'just disapears'.

    So what reporting agency do I contact to get this matter corrected? Is there a Federal agency that overseas the escrow account? We are in Arizona and it appears our mortgage holder is in Florida. I did check with the Florida agency that handles and overseas mortgages but their website does not contain our mortgage holder nor their parent company. Any suggestions?
    Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

    #2
    BJ, start by drafting an official, certified letter requesting a detailed accounting of all payments and what went where starting the month *before* you made the extra $900 payment. Set a reasonable date for the accounting details to be returned to you. Trust me when I say the extra money didn't just "disappear."

    If this doesn't work, then the next step is to get your lawyer involved. Ask him/her to draft a letter on lawyer letterhead to your mortgage company demanding a detailed accounting that indicates each month where your $900 went and why. That ought to do the trick.

    Sure hope that (1) you are feeling lots better now, and (2) an extra escrow payment won't be necessary this year. If it is, keep a close eye on what's showing up on your mortgage "this is not a bill" statement and intervene quickly if something doesn't seem right. Good luck, BJ!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Since you are in an active Chapter 13, contact your attorney immediately.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

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