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Old 10-30-2006, 02:35 PM
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Join Date: Oct 2006
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MTG CO charging us attny fees?


I live in California.

My husband and I own a rental house in Nevada. This house is in an HOA. There was mistaken understanding that the HOA dues were included in the escrow account that also pays the taxes and insurance for that house. We never paid the dues ourselves. We are resolving that now with the HOA. However we learned that they went straight to the mortgage co, who then paid them.

In two years, we never received any correspondence at all, from anyone, besides our monthly mortgage autodraft statement. Apparently all mail went to the rental address, and I never got word from the tenant or property manager.

I noticed on my monthly mortgage autodraft statement there was an "unpaid advances" amount of $3200.00. After numerous phone calls to the mortgage company, all I've learned is that approx. 2/3 of this amount is attorney fees for the mtg co. Any more details than that, I've been instructed to request more information in writing. I've done that, waiting for some kind of response.

My situation is this: We understand that we should have verified where the HOA notices and correspondence were going right from the beginning. We are fortunate that they (HOA) have been very helpful, have changed the mailing address, we are paying current dues, that end is solved.

What I'm concerned about is why the mtg co. never contacted us at any time prior to involving an attorney, when they have our correct home mailing address.
In my letters, I requested all documentation supporting this unpaid advance balance.
Do I have any leverage to negotiate the this balance down, or argue it's validity altogether, since they never gave me any kind of notice, prior to its supposedly becoming a litigation issue?

I appreciate all your help.
Sherry
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