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Nishan Parlakian
Nishan Parlakian,
Category: Consumer Protection Law
Satisfied Customers: 56
Experience:  Principal at Consumer Law Office of Nishan Parlakian, Esq.
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I have a problem with my mortgage. I paid my house

Customer Question

I have a problem with my mortgage. I paid my house insurance. And the morgage company did as well. They refuse to give me a refund
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

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.

Customer: replied 1 year ago.
They increased my mortgage payment because of this.the bank claims they got a letter ofcancelation from the insurance company.i called the insurance company and they said they never sent the notice. The insurancepeople even offered to send a declarations page to thw mortgage but the morgage still rwfused to lower my payment. I am always suppose to pay the insurance and the taxes on my own as stated in the agreement
Expert:  Ely replied 1 year ago.

Thank you. Have you been paying the insurance company on time? Or did you default in paying them?

Expert:  Ely replied 1 year ago.
Hello! Just touching base to see if you still needed an answer and if you could reply to my query. Thanks!
Customer: replied 1 year ago.
I called the Insurance. Company and they say the payments have been on time
Expert:  Ely replied 1 year ago.
Thank you. I have to step away from the site at this time.
I am going to opt out of your question and open this up for other experts.
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There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
My apologies for any inconvenience and good luck...
Expert:  Nishan Parlakian replied 1 year ago.

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