Tax/escrow dispute

[hourlybob]

What is the name of your state?What is the name of your state? PA

Greetings. I have a mortgage with Countrywide. From my escrow account Countrywide has been paying two tax bills annually, an approx $2000/yr school tax bill plus an approx $500/yr city/county tax bill. In July of 2004 I received a notice from the local tax collector that my 2003 city/country tax bill which had been deducted from my escrow account in March 2003 was unpaid. I forwarded the notice to Countrywide who rather than investigating the issue apparently just paid the bill. They also promptly debited my escrow account $590, leaving me paying the same tax bill twice (once as scheduled in 3/03 and a second time with interest in 9/04).

I spoke with them and they initially credited my escrow account back however 60 days later they re-debited the escrow account and sent me a letter to the effect that their investigation revealed that the tax bill was due and owing (it probably was, however if so it was due from them rather than me as I was debited as scheduled). Since that time despite multiple mail/email/phone contacts they don't seem to want to budge from their position that no refund is due me although it's clear as day (to me, anyway) that they withdrew funds twice for the same tax liability. Any advice as to how to proceed welcomed. TIA!

[HUD-1]

From the HUD website... ([url]www.hud.gov[/url])

Loan Servicing Complaints

Section 6 provides borrowers with important consumer protections relating to the servicing of their loans. Under Section 6 of RESPA, borrowers who have a problem with the servicing of their loan (including escrow account questions), should contact their loan servicer in writing, outlining the nature of their complaint. The servicer must acknowledge the complaint in writing within 20 business days of receipt of the complaint. Within 60 business days the servicer must resolve the complaint by correcting the account or giving a statement of the reasons for its position. Until the complaint is resolved, borrowers should continue to make the servicer's required payment.

A borrower may bring a private law suit, or a group of borrowers may bring a class action suit, within three years, against a servicer who fails to comply with Section 6's provisions. Borrowers may obtain actual damages, as well as additional damages if there is a pattern of noncompliance.


SAMPLE LETTER
Attention Customer Service:

Subject: [Your loan number]
[Names on loan documents]
[Property and/or mailing address]


This is a "qualified written request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing because:

Describe the issue or the question you have and/or what action you believe the lender should take.

Attach copies of any related written materials.

Describe any conversations with customer service regarding the issue and to whom you spoke.

Describe any previous steps you have taken or attempts to resolve the issue.

List a day time telephone number in case a customer service representative wishes to contact you.
I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

Sincerely,



[Your name]

REMEMBER: This letter SHOULD NOT be included with your mortgage payment, but should be sent separately to the customer service address.

You SHOULD continue to make the required mortgage and escrow payment until the request is resolved.

You may bring a private right of action under Section 6, if you suffer damages due to the lender's servicing of the loan. See the RESPA statute and regulations.

[hourlybob]

Thank you VERY much HUD-1...I'm on my way to the post office now