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We moved into our home in 10/2016. Our house note was $2300.

We moved into our...

We moved into our home in 10/2016. Our house note was $2300. In May 2017 our mortgage went up to $2900 a month. We are essentially 1st time home buyers and new to this process. We were told that taxes in our area are high and the mortgage company stated they went up because we were not paying county taxes the year before. I pulled up our property tax information and spoke with someone from that office. They stated that we have always been paying county taxes and that the taxes on the property have been paid in full and on time for the last 10+ years. I have emailed the mortgage company to ask for a breakdown of our escrow account. We are now about to be foreclosed on because we can no longer pay the additional $700 along with our other bills and unexpected car repairs and issues that arise. We would hate to lose the home because we put 10% down and invested all of our savings. Is there anything else we can do or are we just hosed??

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

We are in Mansfield, Texas. Sorry about that!

Lawyer's Assistant: Has any paperwork been filed?

No ma'am.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are now 4 months behind on our mortgage payments and are about to face foreclosure.

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Answered in 5 minutes by:
1/13/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,840
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. Just to be clear, are you saying the mortgage company made a mistake?

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Customer reply replied 7 months ago
I am not sure who made a mistake. We are just completely upset at the additional $700 we have to pay. I'm not sure what path I need to be on and what all I need to do to find answers and see if we can't get our payments lowered.

Thank you for the reply. You first need to determine and know, why your mortgage payment increased. If taxes went up, so would the payment. Even though you have always paid your taxes on time, if they rise, it would be added to and reflected in your mortgage payment, if the principle, interest, taxes and insurance are all together ( escrowed). Now, if this was a mistake by the mortgage company, you would have a defense and they could not foreclose if they were wrongfully adding/increasing the amount without a basis. If they are saying it is because of taxes but you have evidence that your taxes were paid in full each year, you need to see where the mistake was made on their end and what adjusted. You can make a demand for the payment history and see how payments were applied and ask them to show that resulted in the cost going up, assuming you had a fixed interest rate.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 7 months ago
Thank you for your help, I will dig a little more on their end.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

RealEstateAnswer
Category: Real Estate Law
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Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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