Good afternoon. This is so typical of a bank. They think because they have all the money, they can simply shove this stuff down your throat even when it's them that has made the mistake. And, most of the time, they do because people pretty much fold their tent and just take it. But, you should not! You should write the lender a certified, return receipt requested letter detailing that this issue resulted from their negligence and demand this escrow account withdraw their claim within a short specified period of time or you will have no choice but to file a claim against them. Be sure to mention you intend to file this claim as a deceptive trade practice claim, which will entitle you not only to the account, but an additional 3 times the account as punitive damages. This typically causes the bank to fold, because the bank is just like a big bully....i) they beat up on people because most people let them, and ii) they back down quickly when someone actually calls their hand......the bank knows that when you take this to a judge, the game is over for two reasons...1) the judge will enforce the law rather than allowing the bank to simply make it up to suit their own needs; and 2) if you select a jury, the bank knows it's like the "Revenge of the Nerds" where everyone on the jury that has ever been screwed by a bank or other bully gets to exact their revenge....though they shouldn't, each juror brings their own lifetime biases to that jury room!
I hope this has given you the guidance you were seeking. I wish you the best of luck!
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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.