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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5766
Experience:  20 years professional experience
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My morgage co raised my note to cover escro to pay my tax

Customer Question

my morgage co raised my note to cover escro to pay my tax and insurance .i have paid my on tax and insurance for five years.i have a over 65 agreement with the county to pay mt tax.the lender had doubled the note and wont talk to me to change it back. what can i do
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Maverick replied 11 months ago.

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Expert:  Maverick replied 11 months ago.

ANSWER:

If the mortgage company will not talk to you about this then you may need to sue or threaten to sue it under what is known as a declaratory judgment action for an order that says they can only charge you the tax amount actually owed based on your over 65 exemption. See this link for the law. Also, look at this section:

§ 37.009. COSTS. In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just.

You can use this law as leverage for negotiation purposes. You best bet is to have a real estate litigation lawyer send a demand letter asking for compliance under the threat of a suit where the mortgage company may have to pay your fees under the law above. A letter like this may cost $200.00

You can find a real estate litigation lawyer near you by contacting the State Bar of Texas here.

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