Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-15-2004, 10:53 AM
Newporttom
Guest
 
Posts: n/a

Escrow Refund went to wrong person


What is the name of your state? Florida

2 years ago, due to clerical error, an incorrect tax payment was made on my house by Mortgage Company "A". It unfortunately arrived (and was applied) before the correct tax payment from my mortage company "B".

The county property tax office refunded the second (correct) payment made by "B" to the comapny. However, we now know that Mortgage Company "B" put that returned money into someone else's escrow account. (They acknowledge this, but so far only via phone to myself and property tax office).

Tax Office has recently refunded the original incorrect payment to "A", and has asked "B" for the money. "B" is saying that they can't pay the money immediately, because it has been disbursed from the incorrect person's escrow account. They are supposed to contact me in a few days saying how long they think it might take.

The county tax office is in no mood to wait, and if "B" doesn't pay immediately, they will want the money from me.

Frankly, I would think "B" is obliged to pay NOW, and figure out themselves the way to get the money from the other person.

Other points:
This is roughly $2000 in question.
Loan has since been refinanced with another company
"B" is located in NY state
  #2  
Old 10-15-2004, 10:57 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Newporttom
What is the name of your state? Florida

2 years ago, due to clerical error, an incorrect tax payment was made on my house by Mortgage Company "A". It unfortunately arrived (and was applied) before the correct tax payment from my mortage company "B".

The county property tax office refunded the second (correct) payment made by "B" to the comapny. However, we now know that Mortgage Company "B" put that returned money into someone else's escrow account. (They acknowledge this, but so far only via phone to myself and property tax office).

Tax Office has recently refunded the original incorrect payment to "A", and has asked "B" for the money. "B" is saying that they can't pay the money immediately, because it has been disbursed from the incorrect person's escrow account. They are supposed to contact me in a few days saying how long they think it might take.

The county tax office is in no mood to wait, and if "B" doesn't pay immediately, they will want the money from me.

Frankly, I would think "B" is obliged to pay NOW, and figure out themselves the way to get the money from the other person.

**A: your thinking is incorrect. You are the property owner and therefore YOU need to pay the money. Pay first and fight it out with the mortgage company later.
********
Other points:
This is roughly $2000 in question.
Loan has since been refinanced with another company
"B" is located in NY state
**A: B smart and do the right thing so you don't look like an A.
  #3  
Old 10-15-2004, 11:45 AM
Newporttom
Guest
 
Posts: n/a
Let's assume I pay the Tax bill Monday. Mortgage Company "B" then owes me $2,000. Don't they owe that money to me immediately? They screwed up by giving it to someone else.

I shouldn't have to wait for that third party to reimburse them.
  #4  
Old 10-15-2004, 11:50 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Newporttom
Let's assume I pay the Tax bill Monday. Mortgage Company "B" then owes me $2,000. Don't they owe that money to me immediately? They screwed up by giving it to someone else.

I shouldn't have to wait for that third party to reimburse them.

**A: yes you are correct but do you really think that you will be getting the money immediately or even in the next couple of weeks?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:57 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.