Legal Question in Consumer Law in Massachusetts

What or how do I endorse the back of a check that was sent to me from my mortgage company stating that I overpaid on my property taxes - it was sent only after I questioned them on why they were double billing me on my mortgage payments for annual amount of about $4000 when my escrow property taxes are $2200 year. They say that the check for $57 is overpayment made by me. I still want to have this matter investigated as they never answered my question on why I was overbilled and what happened to the extra $2000. The check for $57 expires in 90 days - so I want to cash it. When I sign my name do I also sign that I am endorsing the check with prejudice and that I do not agree? How do I legally do this so that I am not locked in accepting the $57 as final payment. I believe they owe me much more. Also, where or who would I report this to to have it investigated. The company is not a bank; it is a mortgage holder but held with overseas investors. They also do not sign a name to hold anyone accountable when they write any correspondence. They sign it with there department and the name of the mortgage company. Please help me do this correctly and legally!!!


Asked on 9/11/09, 8:58 pm

1 Answer from Attorneys
Warren Wood Law Offices of Warren Wood

Mortgage companies must strictly account for the charges they bill out and the monenies they receieve. You may have consumer rights beyond a mere refund of the overpayment. You should speak with your consumer law attorney. The basic retricted endorsement laguage says (in essence): Signed under protest. All rights reserved.

It would be even better if this check were deposited into a special interest bearing account until such time as your lawyer has fully vendicated your rights.

This Office handles certain consumer rights complaints against mortgage companies. Most initial phone conversations are free.

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Answered on 9/16/09, 9:21 pm


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