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WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3686
Experience:  Experienced real estate lawyer and real estate broker.
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We have a mortgage with an escrow and insurance. We were

Customer Question

We have a mortgage with an escrow for taxes and insurance. We were having trouble and it went into preforeclosure. It however did not foreclose, and we set up a repayment plan. We were living in the home the entire time and they and their law firm were aware of that. We had our home owners with State Farm and have since it was purchased in 2000. The mortgage company paid the taxes but failed to pay for the insurance. I called and emailed twice about this when notified. Finally they sent the payment and paid it 2 days to late. I then received a year end notice that said they paid it in October to then say nope in December. Because of the lack of attention by my calls, State Farms calls an inspection was ordered on our house before we could obtain insurance. An inspection would have NEVER been ordered if they would have paid it. They have the insurance listed as fees paid by them that we owed back, if they would have foreclosed, it is listed as being paid and part of the repayment plan. They told me that they spoke to our Agent and they would have ordered the inspection and there fore we need to ask for a cash buy out on our roof. I called my agent and this is NOT true they have not spoke to my Agent, as I called. My Agent said and will say he would never have said that, our insurance would have continued on until we made a claim period. How can I make them help in the responsibility of the roof as now they want to force insurance through them on us for the dwelling. NONE of which is needed if they would have held their end of the bargain.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.

No, clearly it was their fault, and they should be liable for any increased costs that you incur or other damages that you suffer as a result of their failure to act. Under Arkansas law, you have the right to recover your losses and damages