Legal Question in Real Estate Law in California
My original mortgage agreement states that I am responsible for paying my property taxes and insurance, which is what I chose at the onset of the loan. Can my mortgage company change those terms and include an escrow account on my loan without my knowledge or consent?
2 Answers from Attorneys
It's actually called an impound account, not an escrow account. The law regarding impound accounts, and when they are proper and improper, is contained in Civil Code sections 2954, 2954.1, and 2954.2. You can start reading those here: http://law.onecle.com/california/civil/2954.html
You don't provide much detail into the nature of your transaction, such as who the lender is, or whether you had previously defaulted on taxes, etc.
You will find your loan documents also provide that they can pay your taxes and insurance if you don't and then create impound accounts and increase your payments to cover it. So unless they did so when you were 100% current on your taxes and insurance, they had every right to do it.