Legal Question in Real Estate Law in Florida

Mortgage company

My mortgage company failed to pay my home insurance and I was cancelled. I have had a varity of problems because of this. No one can explain how or why. I was not notified that I was cancelled until I filed a claim. Insurance Company said they sent us a notice at old address. Mortgage Company never contacted us telling us we had been canceled. I am being told now the escrow account was not set up to withhold insurance payments. However another insurance company appeared on my payment receipts as being my carrier. Rsults, cancelled insurance, having to buy new insurance at 2 and 1/2 times the rate. Being told there is nothing I can do. The title company that did my closing agreed that we were set to have taxes and Insurance paid as part of monthly payment. Do I have any options as to a legal course.


Asked on 9/20/04, 9:31 pm

1 Answer from Attorneys
Scott W Barger Barger Law Offices

Re: Mortgage company

In Florida, it is generally the buyer/borrower's responsibility to get coverage.

Check your settlement statement (HUD-1). Were there monies that were to be paid on your behalf for insurance? Were there a number of months escrowed?

Get a statement from your lender with your escrow balance(s). See if there is a portion of yyour monthly mortgage payment earmarked for insurance escrow.

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Answered on 9/21/04, 9:56 am


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