Legal Question in Credit and Debt Law in Florida

Realestate problem

I finaced this home in May of last year from option One Mortgage

After Approx.6 months of perfect payment histoy I received notification from them that they had incorrectly calculated the escrow payment and we would have to pay 400 dollars more a month. There is not enough room to tell you everything they have done, that can onty be done by phone or in an e-mail directly. I concider their latest action as Illigel and has destroyed any chance of getting refinanced through any other company. In all likelyhood we will end up losing our home because of Their Actions.

We have got to get help from someone and they need to be held accountable for what they have done to us.


Asked on 7/11/07, 9:44 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Real estate problem

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

When you executed your mortgage closing package, it was explained that the escrow analysis was only an estimate and you agreed that it might have to be adjusted based on the actual amounts of taxes and insurance. Unfortunately, taxes are assessed each year towards the end of the year and the lenders can only use the prior year's tax amounts as an estimate. Insurance premiums can also increase and are not subject to any control by the lender.

I am sorry to inform you that you are liable for the increase and there is no recourse against the lender.

Scott R. Jay, Esq.

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Answered on 7/12/07, 11:59 am


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