Legal Question in Real Estate Law in Texas

rights on balance of mortage

We are buying a house. The payments are 400.00 a month. The total contract was about 29,000.00. We have been paying on the house since July of 1996. But, now the mortage company refuses to give us a balance on the account. Every month they give us the same excuse about the balance. Today they said do what you have to do to get a balance from us. What do I do now ? We are up to date on our payments, taxes, and insurance. What are our rights? ''Please give me some advice.''


Asked on 4/06/02, 7:49 pm

1 Answer from Attorneys

Eliseo Rico III The Law Office of Rico & Associates

Re: rights on balance of mortage

I would suggest that you draft a letter requesting in clear and unequivocal language that they disclose to you the balance owed on your mortgage loan in writing. Furthermore, the correspondence should include the names of the people on the accounts, their address, and the account number. Send the letter returned receipt requested to the company. When you recieve the returned receipt, make sure you file it in a safe place, and then wait for the them to respond. They should respond to your inquiry within 30 days acknowledging they have recieved your request. If they continue to ignore your request, then I would suggest you obtain legal representation. Make sure you continue paying your mortgage on time as you have done in the past.

From here on, I suggest that you create a file where you keep all correspondence received from or sent to the mortgage company or loan servicer,and that you create a journal with the dates of any action that you take with respect to your dealings with the mortgage company. For example, if you call them and speak to a customer service representative or anyone else, then as soon as you hangup jot down the reason for the call, the substance of the conversation, and whether the problem was resolved. I understand that this can be cumbersome and annoying; however, the more information and documentation you as a real estate consumer have the better position you will be in if the need ever arises to settle a dispute between you and the mortage company. Rest assured that everytime you hangup the phone with them they document everything that was said. So, why should'nt you? Do yourself a favor and keep as much documentation as possible. Remember this is your home that we are talking about. Much of this might not be necessary, but given the problems you appear to be having with these folks it seems to me that keeping a journal would not be a bad idea.

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Answered on 4/09/02, 12:56 pm


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