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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2117
Experience:  Practicing Attorney with 10 years experience
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Can your mortgage company take money and not pay taxes and

Customer Question

Can your mortgage company take money for escrow and not pay taxes and insurance?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.

Can you please provide me with more details about the situation related to your question?

Thanks.

Customer: replied 1 year ago.
My mortgage is behind and has been for a number of years.The insurance was due in October and they did not pay it.Today we received the 1098 and the taxes were not paid for 2015.The escrow account has a balance of 4,348.The taxes were due in November in the amount of 1,346.46.They say the mortgage account is about to be charged off yet they still accept payments.
Customer: replied 1 year ago.
I have received nothing to rate you.
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

Is your mortgage seriously delinquent?

Did you contact your mortgage bank about this issue?

Customer: replied 1 year ago.
Please do not charge my card any more.
Customer: replied 1 year ago.
I did.
Customer: replied 1 year ago.
THANKS FOR NOTHING
Expert:  Asad Rahman replied 1 year ago.

I am sorry for your trouble. My research indicates a mortgage company must use the escrow funds it takes to satisfy the tax and insurance obligations. They are to work with the county and insurance company to get the amounts owed and then pay them. You may have a legal cause of action against the lender for fraud or breach of contract.