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MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My home went into foreclosure apparently because escrow

Customer Question

my home went into foreclosure apparently because escrow failed to payoff the liens on the property. I became aware of this when foreclosure notices started to come. I contacted escrow and they said money was returned,so they just kept it.Then my home went into foreclosure. when the notices came I couldn't believe it because we paid cash for the house. I think there is something illegal going on here? whats your thoughts on this?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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.

The escrow company is definitely doing something inappropriate. They, at a minimum, appear to have breach a fiduciary duty to you. The escrow company was supposed to properly identify all liens on the property and pay them off. Even if the money was returned, they still have the duty to investigate the situation to be sure that they are not exposing you to liability.

It seems that the error is on the side of your escrow agent and not necessarily the bank that is foreclosing. My suggestion is that you contact an attorney to defend you in the foreclosure and potentially file an action against the escrow company/agent.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.