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Mortage Question

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jowen82

Member
What is the name of your state (only U.S. law)? Indiana


I'm not naming my mortgage company as I don't want it to come back at me but here is my situation.



In 2008 my wife and I bought a Church Parsonage Home from the Church right next door to us. We got the house for a good deal and it's our first home. Upon buying the house we knew we had to file for a split sheet and the homestead credit. Once we went to the Assessors office and such to find out how much our taxes on our property would be they told us that since the home was owned by the Church that the property is Tax Excempt as the house and the Church property are joined. The taxes on our house wouldn't be available until the next year.



In 2009 around June our mortgage company and us received our tax paperwork. The taxes it showed was owed was almost $4,000. On the bill it also said in big red letters. "DO NOT PAY THIS IS NOT A BILL". Being concerned we went to the Assessors office once again and they said that the $4,000 in taxes is for both the Church Property and our House property in one. And since the Church is tax excempt and that our house doesn't have taxes figured yet that we do not have to worry about it.

Come to find out 2 months later our mortgage company proceeded to pay that $4,000 in taxes out of our escrow. Well being that we just bought our house and our escrow wasn't built up enough that immediately put us in Foreclosure due to back taxes.

We tried contacting our mortgage company to get this problem solved and we either got the run around or was hung up on. We told the Assessor what happened and they cut us a check for almost $4,000 to take care of this problem. We sent it to the mortgage company for them to just send it back to us saying the funds were not enough.

We have been fighting this since 2009 and here it is almost 2013. We have had to hire 3 different lawyers. 1st lawyer took us for $1,500. The 2nd lawyer for bankruptcy to save our home lied to us. Now our 3rd lawyer for bankruptcy is saying we can't afford it.

We had no problem paying our house payment or other bills until this problem. We still could pay our house payment with no hitch. But the only way to stop foreclosure is to file bankruptcy. But since we are being told we can't afford bankruptcy we are on the way to losing our home. We have been severely stressed due to not knowing when we might lose our house for the past 3 years and our marriage has been on the ritz due to it as well.

My question is do we have a lawsuit on our hands?
 


FlyingRon

Senior Member
Something is happening more than meets the eye. Bankruptcy would have been as stupid a year ago as it is now. I'm missing what on earth lawyer #2 thought he was doing. I'm not sure what lawsuit you think you have against the mortgage company. They are entitled to collect the estimated property tax in advance the "NOT A BILL" while it isn't a bill is the indication of what the upcoming property taxes are. It is not the bank's job to go battle the assessments. The notice of the escrow changes would almost certainly included the proper procedure to protest the escrow (which you would need something more than a verbal statement "not to worry about it" from the tax man).
 

HUD-1

Member
If I understand this correctly, you have the $4,000 and have not made a mortgage payment in about 3 years. The lawsuit you have on your hands is the foreclosure action by the lender. Feel free to use any defense you see fit, but it looks like the lender will prevail. Why didn't you have the assessor send the check for the taxes back to the lender directly? Why did you pay an attorney $1,500, when you could have used that to help pay the foreclsosure attorney's fees?
 

jowen82

Member
The $4,000 that was sent back to us from our Mortgage Company we hired a lawyer and he told us he would hold on to the rest of the funds. Then he took us for $1,500 saying he couldn't help us. We even dropped the $4,000 check right off to our local mortgage company branch. About 2 weeks later it came back in the mail saying it wasn't covering the full amount. (Late fee's)
 

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