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Roger, Attorney
Category: Legal
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Owned my own home out right ($255,000) and then took out a

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Owned my own home out right ($255,000) and then took out a note on it ($89,000). In my contract I was responsible for property taxes and insurance with no escrow to be set up. After several years, they paid my property taxes in December when they were not even due until January 31st and set up an escrow which made my payments go from $688 to $1900. I fought them and fought them trying to straighten out and was unsuccessful. Hired an attorney who created a Settlement Agreement that stated that they were not to pay taxes and set up escrow, correct my credit report, etc. Months after Agreement, they paid taxes again and set up escrow and tried to foreclose on me. They paid taxes 3 times one year, two times the following years, etc. Now they took all their monies back from Tax Office that they had paid and left me with a $18,600 delinquent tax debt. The tax office never notified me of their refunds or delinquencies. I am 100% disabled and feel that they are responsible for their damages. I even tried to get them to loan me the money to pay the taxes back again and add to my note and they won't do it. They did not comply to Agreement at all. They reported more false information on my credit reports as to I had two mortgage loans instead of one by using two different names. Do I have any grounds here to hold them responsible for what they have created for me, as far as a $18,600 tax debt, and not comply to Agreement?

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.


You do have a right to enforce the settlement agreement as written, and if they have violated it, you can file a petition in court and ask the judge to compel the lender to comply with the terms of the order.


You should also seek an accounting from the lender because if the lender raised your payments to cover the taxes, and then recovered those funds from the tax collector, then the money you paid out in payments should be returned to you - - which should cover the current delinquency (or close to it).


This is definitely a rare and complicated situation, but you do have the right to seek relief in court and get things straight. You're going to need much more help than can be provided here. You're going to need a local attorney to assist you in getting this resolved.


However, to answer your question, you do have the right to require them to honor your agreement, to return any money you paid over in error and to seek damages for what this debacle has caused you.


Thanks for allowing me to assist, and if you have any additional questions, please don't hesitate to ask.

Customer: replied 4 years ago.

What type of attorney should I obtain, real estate or what?

Hi -


A real estate attorney is your best option. USUALLY, this type of lawyer has a background in contract disputes and taxation matters. That's your best bet.


You can visit and search for an attorney in your area. When you go to the site, click on "Find a Lawyer or Law Firm" and search for someone in your area with that type of practice.


Thanks again for allowing me to assist, and if you need anything else, please let me know.

Roger and 4 other Legal Specialists are ready to help you