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Closing problems

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Junior Member
What is the name of your state? North Carolina - I refinanced my townhome and I chose the same attorney that I used 3 months prior when purchasing this Foreclosure. I went in with the 1st Mortgage and also had a Home Equity Line (HEL) that I was rolling into one new mortgage. I was refinancing with my credit union who was carrying my HEL at the time. The cosing was complete within 2 weeks of starting the process, and I assumed all was well. The "closer" seemed to be great at her job, she even added a little more money to the 1st mortgage company's check as they are known for holding checks and then asking for more money because they can't pay all the interest incurred while they held the check. She and I stayed in contact a lot to ask/amswer questions before closing.

Last week I received a letter from my Credit Union saying that there was a shortage in my Escrow account ($938) and they were going to up my payment about $80 a month for the next year to cover it. This was very shocking to me to find out, because I can't really afford an extra $80 a month for a year. This was the reason for the Refi anyway. When I called my lawyer to ask questions, the girl tells me that they didn't collect any escrows because it wasn't on the closing instructions from my bank. Fact is I had my bank send me a copy of everything, and then had her send me a copy her closing instructions, and they have the same instructions. It says all loans are subject to escrow collections and instructs them to remit a check to preoperly set up initial escrow deposits.

Is there any way to hold my lawyer liable for this? I feel I paid them to do a job that wasn't done properly. What can I do?



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