Legal Question in Real Estate Law in Florida

Payment Increased

My mortgage company increased my monthly payments by $100.00. They said it's for escrow. I have a fixed loan payment and cannot afford the increase. Can they do this, and what can I do. I really cannot afford this. any advice will be greatly appreciated. They will not work with me on this My credit is not very good at the time so refinacing is not an option. I have been with this company for 8 years.


Asked on 9/06/02, 10:23 am

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Payment Increased

The loan documents will determine whether escrow payments may be adjusted to compensate for fluctuations in real property taxes and homeowner's insurance premiums. More likely than not, your lender does have a right to do this, but keep in mind that such action may actually benefit you if you have money problems. This is so because if you were not forced to pay 1/12 of the real property taxes and insurance premiums into an escrow account on a monthly basis, at the end of the year when taxes and insurance payments become due, you might find yourself in a position where you would not have the money, which would ultimately force you out of your home by way of a foreclosure. Your problem may be a blessing in disguise. Think about it and consult with a real estate lawyer in person if you feel you must.

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Answered on 9/06/02, 10:28 am
Hugh Wood Wood & Meredith

Re: Payment Increased

Probably this is related to an increase in your underlying tax bill, which bill you are paying through your escrow. While I dont have all the facts, I would suggest you find a way to pay the increase. otherwise, they may begin foreclosure procedures.

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Answered on 9/06/02, 11:48 am


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