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Ask Tina Your Own Question
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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You have given me great advise in the past and I hope your

Customer Question

Good morning, you have given me great advise in the past and I hope your system alerts you to our past correspondence. I don't want to waste your time so if you can let me know if you have access to that info, I can take it from there or I can copy and paste our previous correspondence.
Submitted: 29 days ago.
Category: Real Estate Law
Expert:  AttyHeather replied 27 days ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 27 days ago.

I am not able to pull up your previous questions, but I would like to help you if possible. Would you be able to get your question typed in so that I can assist you?

Customer: replied 26 days ago.
I have attached my original question from 9/27/16 to give you some background on my question
Customer: replied 26 days ago.
Page 2 of 2
Customer: replied 26 days ago.
My response to each of the inaccuracies was: "Insufficient information to form a reasonable belief to the truth of the matter asserted and leave Plaintiff to their proof thereof."The PMI co. Discontinued our coverage in 2010 and we were still paying the same amount and, as you know, the money is to be put in a account and proof of that has to be furnished if requested. I also request what had happened to large sums of money that were removed from my escrow without an explanation.
They responded by sending me escrow statement, copies of monthly statements, showing my escrow payments I made but could not produce the account were the money is being held. Also, regarding the large sums of money missing from my escrow, they claimed the check was sent to me and claims their records show that I cashed the check but they can not produce the cancelled check because the corporate account the check was written against was closed.
I also requested original mortgage documents and a list of mortgage servicer and dates of each change. The mortgage servicer was unable to furnish any of this information.
Since I filed my answer to the foreclosure complaint and my request for the above information, I have not heard anything further regarding the foreclosure.
When I previously consulted a attorney on this site, he suggested that I file a countersuit at the same time as my answer to the foreclosure, but it wasn't required. Do to time issues, I did not file the counter claim.
My question is: do you suggest that I file suit against the mortgage servicer now to recover the unaccounted for PMI (escrow) funds, outside the foreclosure?
Re the foreclosure: do I wait till I hear from the servicer and/or court or is there something I should do at this point?
I should mention prior to the foreclosure complaint, I was attempting to modify the mortgage but was getting the "standard" brush off by the mortgage servicer.