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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My servicer added a forced escrow to our motgage, raised our

Customer Question

My servicer added a forced escrow to our motgage, raised our payment and clamed modification, we did not sign a modification and Fanne Mae made the servicer reverce it but not after we almost lost our home and sent a very large amout.
this was suppose to pay the amount they paid on taxes and insurance, the rest was suppose to be applied as payment.
this was not done they reversed no fees that were caused due to the forced escrow and after them getting $15,500.00 they still say we owe almose double what our contract states, still say we have a difficency in our escrow that Fannie Mae said they were suppose to remove. they sent us a refund of only $4,500.00 and have the nerve to call and tell me we owe a payment of almost $700.00 when our conract states $493.00.
do we have a case for a breach of contract suit. we have been harrased and in dispute with these people for over a year, this has been very distressing.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist. If the lender changed the terms and made a modification without authority, then you certainly could have a legal claim for breach of contract, misrepresentation, negligence and possibly other claims. But first, you need to review the loan documents and see what it says about this issue.....because it is often the case that loan agreements say that the lender has the right to force an escrow if a loan goes into default, etc., and if you have already agreed to this when you originally made the loan, it would be very difficult to legally challenge the actions of the lender. If you find that the lender didn't have authority to do what it has done, you can pursue a claim with a lawyer. But, if you discover that the lender had authority to take action, then you may want to consider filing chapter 13 that would allow you to reform the loan and set it up where you can afford the payments.
Customer: replied 2 years ago.
I will review the contract again as we only have 3 years left on the loan chpt13 is not a option. the only reason our loan went into default was due to the forced escrow that Fannie Mae said they had no right to open, it caused payment to go up at one point $800+ dollars when our contract is for $493.00 and we sent $525.00, due to the servicers lack of care to rectify the dispute of the escrow they put our funds in suspens and racked up a large number of fees till we were put in forclosure.
we provided their lawer and Fannie Mae all the proof we did not have escrow we paid our taxes and insurence. they have closed the escrow but have miss alocated funds not dropped the fees cased by the forced escrow and still say we have a deficency in what was owed on the escrow so still trying to charge $600+ on a $493.00 contract amount. we had chase as a servicer then it was switched to seterus and we have had nothing but problems since, online research suggest their buiness practice and ethics are questionable.
Expert:  Roger replied 2 years ago.
Sorry for the delay. I had a meeting that ran very long. If you find that the lender has no authority under your loan documents to do what it has done, then you certainly should consider pursuing the matter and hold the lender accountable for its improper conduct and breach of contractual obligations. But, you need to be certain that grounds for such claims are available.

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