Legal Question in Consumer Law in California

Mortgage account seems frozen

Around the beginning of this year, I re-financed the mortgage for my condominium. On 4/1/03, the servicing of the loan was sold to CitiMortgage, Inc.

My first problem is that I never received a proper statement from CitiMortgage. I received payment coupons and I sent to them two checks which have cleared.

The more pressing problem is that they are not paying my property tax out of the escrow funds that are collected for this purpose. The tax became past due on 4/10/03 and I made numerous phone calls and a written request dated 5/3/2003 for them to take care of this problem. Yet, a few days ago, I received a ''Delinquent Tax'' notice. I am planning to pay the tax next week myself - thus effectively being forced to double-pay it.

How can I get CitiMortgage to send me a statement and how can I get them to pay the property tax or refund me the tax amount if I end up paying it? I have already sent them letters about these - certified with return receipt. Would it help if I can get an attorney to send a letter? Thank you.


Asked on 6/02/03, 7:00 pm

2 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Mortgage account seems frozen

Send a copy of the notice to Citi. Inform them that unless this delinquency is not taken care of at once you will sue. Also send this to the original lender and tell them they will be joined in the suit. Give them just 48 hours to do this. If this does not work, you will have to get an attorney. Please advise as to results.

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Answered on 6/03/03, 2:29 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Mortgage account seems frozen

from the facts given so far, you are ABSOLUTELY within your rights to request reimbursement for the tax amounts you have previously paid. you are definitely doing the right thing requesting the reimbursement in writing based on the information you have submitted here. however, you are also right that an attorney's letter to this company could be ALOT more effective in getting a response and results. if you would like further legal assistance in this matter, feel free to email me directly asap on how you would like to proceed. thanks for your question.

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Answered on 6/02/03, 7:30 pm


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