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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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My mortgage company sent me a escrow account disclosure state

Resolved Question:

My mortgage company sent me a escrow account disclosure state that has a surplus. I wanted to ask them to use that surplus to pay for part of my debt to them.All the departments have a receptionist that tell me That I have to call my attorney totalk to them.what law is this and what can i do?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 8 years ago.



I will be happy to assist you. Are you in foreclosure or bankruptcy currently?

Customer: replied 8 years ago.
I am in bankruptcy currently.chapter 13.
Expert:  VanDLaw replied 8 years ago.
OK. Thanks. Because you are represented by an attorney and are still in a Chapter 13, the mortgage companies or any other creditor must speak to your attorney. They cannot discuss your case without your attorney present, so that is why they are telling you to have your attorney call them. The creditor's must speak directly to your attorney while you are represented.
Customer: replied 8 years ago.
when your attorney has your request to look into your escrow surplus being used to reduce your debt to the same mortgage company that has the escrow surplus does not return your call or answer your messages what should I do,what can be done?
Expert:  VanDLaw replied 8 years ago.

I would send a written request to your attorney. Let him know you have been trying to contact him to take care of this issue, and he has not returned your calls. Let him know that this is unacceptable and you would like a response. You can call the State bar and file a complaint, a rather drastic measure, but one of the biggest complaints against attorney's is their lack of returning phone calls, or communication with the client. It is unacceptable, you are paying for their legal services and they should respond. If that doesn't work you can terminate your attorney and seek a new one, or go pro se and ask the Trustee to order the mortgage company to take the surplus and apply it yourself.

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