My response to each of the inaccuracies was: "Insufficient information to form a reasonable belief to the truth of the matter asserted and leave Plaintiff to their proof thereof."The PMI co. Discontinued our coverage in 2010 and we were still paying the same amount and, as you know, the money is to be put in a account and proof of that has to be furnished
if requested. I also request what had happened to large sums of money that were removed from my escrow
without an explanation.
They responded by sending me escrow statement, copies of monthly statements, showing my escrow payments I made but could not produce the account were the money is being held. Also, regarding the large sums of money missing from my escrow, they claimed the check was sent to me and claims their records show that I cashed the check but they can not produce the cancelled check because the corporate account the check was written against was closed.
I also requested original mortgage
documents and a list of mortgage servicer and dates of each change. The mortgage servicer was unable to furnish any of this information.
Since I filed my answer to the foreclosure complaint and my request for the above information, I have not heard anything further regarding the foreclosure.
When I previously consulted a attorney on this site, he suggested that I file a countersuit at the same time as my answer to the foreclosure, but it wasn't required. Do to time issues, I did not file the counter claim.
My question is: do you suggest that I file suit against the mortgage servicer now to recover the unaccounted for PMI (escrow) funds, outside the foreclosure?
Re the foreclosure: do I wait till I hear from the servicer and/or court or is there something I should do at this point?
I should mention prior to the foreclosure complaint, I was attempting to modify the mortgage but was getting the "standard" brush off by the mortgage servicer.