Mortgage Co Will Not Pay My Taxes!!!!!

[loanshrk93]

What is the name of your state?What is the name of your state? Illinois
I escrow my taxes with my mortgage lender. They paid the property taxes from my escrow account and paid my neighbors taxes instead of mine. They entered the PIN# 1 digit off!! I have gotten a notice that my property is going up for tax sale on Nov. 5th. I have been on the phone with the county and the mortgage company a total of 8 hours(not kidding) for the past 11 days and my taxes are still not paid. I have spent so much time on the phone with this that I got written up at my job for making excessive personal calls and now am in jeopardy of losing my job over this too!! I have been getting the run around from my mortgage company, Regents by the way,I was told the checks were mailed last friday and the county still has no receipt of payment. Another person told me today no checks have been mailed yet as they are trying to figure out where they should pay the interest and penalties due from, because I am not responsible for those. I am suffering from extreme stress at home and work from this situation and wonder what recourse I have if any? I know Illinois has the Mortgage Escrow Account Act that went into effect in 1976 and its states any mortgage company in violation of this act is subject to damages in a court of law. So please help-should I go to an attorney and seek damages? and if so for what?
Thanks,
Loan

 

[nextwife]

The tax sale is 11/5 and you aren't sure about getting an attorney?

GET ONE NOW!!!

This MUST be dealt with ASAP. And if it wre me, I'd have them send the tax monies and I'd pay the interest and penaltes d myself. Then I'd let my attorney work on the lender compensating me after I saved my house.

 

[HomeGuru]

What is the name of your state?What is the name of your state? Illinois
I escrow my taxes with my mortgage lender. They paid the property taxes from my escrow account and paid my neighbors taxes instead of mine. They entered the PIN# 1 digit off!! I have gotten a notice that my property is going up for tax sale on Nov. 5th. I have been on the phone with the county and the mortgage company a total of 8 hours(not kidding) for the past 11 days and my taxes are still not paid. I have spent so much time on the phone with this that I got written up at my job for making excessive personal calls and now am in jeopardy of losing my job over this too!! I have been getting the run around from my mortgage company, Regents by the way,I was told the checks were mailed last friday and the county still has no receipt of payment. Another person told me today no checks have been mailed yet as they are trying to figure out where they should pay the interest and penalties due from, because I am not responsible for those. I am suffering from extreme stress at home and work from this situation and wonder what recourse I have if any? I know Illinois has the Mortgage Escrow Account Act that went into effect in 1976 and its states any mortgage company in violation of this act is subject to damages in a court of law. So please help-should I go to an attorney and seek damages? and if so for what?
Thanks,
Loan

**A: go TODAY and pay the taxes.

 

[Ciarraine]

And then you have a potential RESPA case with lender.

 

[HomeGuru]

And then you have a potential RESPA case with lender.

**A: RESPA, what are you talking about?

 

[Ciarraine]

**A: RESPA, what are you talking about?

This is how I know you're not a "real estate and construction attorney" as you claim. Section 6 of the Real Estate Settlement Procedures Act requires lenders to make escrow account disbursements on time. If a lender fails to do so, a borrower may bring a private law suit under that section for actual, and limited punitive, damages.

Here's that section of the statute. Title 12 USC, 2605 Study it, Counselor. It's fundamental to Real Estate practice.

 

[nextwife]

The lender did NOT refuse to disburse. They disbursed and it was somehow applied to the wrong tax key number.

 

[dworrill]

The following is a sample qualified written request from you, the borrower, to a lender. Use this format to address complaints under the Real Estate Settlement Procedures Act (RESPA). Be sure to read more about RESPA, and your rights under this Act, elsewhere on the RESPA site.
Attention Customer Service:

Subject: [Your loan number]
[Names on loan documents]
[Property and/or mailing address]


This is a "qualified written request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing because:

Describe the issue or the question you have and/or what action you believe the lender should take.

Attach copies of any related written materials.

Describe any conversations with customer service regarding the issue and to whom you spoke.

Describe any previous steps you have taken or attempts to resolve the issue.

List a day time telephone number in case a customer service representative wishes to contact you.
I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

Sincerely,



[Your name]

REMEMBER: This letter SHOULD NOT be included with your mortgage payment, but should be sent separately to the customer service address.

You SHOULD continue to make the required mortgage and escrow payment until the request is resolved.

You may bring a private right of action under Section 6, if you suffer damages due to the lender's servicing of the loan. See the RESPA statute and regulations.


Check out: www.hud.gov

 

[Ciarraine]

The lender did NOT refuse to disburse. They disbursed and it was somehow applied to the wrong tax key number.

Same difference. His taxes are unpaid through no fault of his own. The lender should have paid the taxes and then take corrective action to recover the misappropriation.