Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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I am sorry to hear about this. Please tell me:
1) Does the mortgage contract stipulate who will pay the home insurance?
2) Why did the company pay? Is it because you failed to pay?
3) Who paid first? If they did, why did you pay as well?
4) Were the payments sent to the same company?
5) Did they attach the insurance payment to your mortgage bill?
This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Thank you. Have you been paying the insurance company on time? Or did you default in paying them?
Marco, the banks are extremely difficult, as you know on these matters. If the bank for some reason has not received the payments and it is not your fault then they should credit the money to you. It is not worth suing and not worth holding back your mortgage payments. If it were me handling, I would gather the proof and label each item clearly. I would write a letter pointing out that they are in error because the proof you have and are sending shows that payments were made consistently and on time. This letter should be sent by certified mail, return receipt requested to the disputes address on your mortgage statement. Point out in the letter that you demand a written explanation as to why they determined that they had to get insurance. By law you are entitled to clear explanations if your payment goes up beyond the agreement. The next step is to contact your department of state and get the information for the officers of the bank. If you do not receive a reply from the first letter then send a second letter to the officer listed by your states department of state-or corporations department. Advise the bank that you are copying the banking department of your state and complaining about the lack of response. Usually this is enough to get an intelligent response from them. This is a step by step process but you need to build a paper trail. It takes a long time for them to listen, but if you persist the problem will be fixed or you will receive a truthful and sensible explanation. Good luck, Sean