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Old 07-07-2011, 12:28 PM
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Join Date: Jul 2011
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Default Is my mortgage company in breach if the...

...mortgage is sold and the terms are skewed? My mortgage was sold twice within in rapid succession, so quickly that the current mortgage company admits they have little or no information from the latter company. In which the latter company made a mistake and my escrow was not mirrored as my original title documentation references that hazard insurance was a portion of the payment. My payment did not change so I noticed not there was a problem until I received notification from my insurance company informing me the payment for the next policy was rejected by the mortgage company. At that time I called the mortgage company and informed them there was a problem and that I was also receiving post from the mortgage company that a lapse was imminent and they would impose lender placed insurance as a wild amount. After explaining that in the many years I have owned my home the insurance was paid by escrow through the mortgage company, as per even the insurance policy was set up. The mortgage company said they would research it and they would correct the mistake and that there would be no LPI charged placed.However, I continued to receive notifications of the practice, called every time and they continued to tell me that all would be well and to just wait. Well, I waited about two months and finally had it, went ahead and secured insurance privately and notified their insurance department with proof of insurance and they assured me there would be no LPI. Then in the following months, low and behold a disbursement was made from escrow to pay for LPI for the months I was waiting for them to sort it out.They claim escrow was not provisioned for insurance and that no one told me to wait for their research or to resolve the issue, that it was my responsibility to have hazard insurance. That there was a lapse and that I am responsible for it, even though the insurance company was bending over backwards and arranged that if the policy was paid even 90 days late, there would be no lapse of coverage. But since they were taking so long, the insurance company could no longer provide that courtesy.Following that, I have located my original titling the documentation, on the first page a breakdown of the payment and hazard insurance was item one of the escrow account.I've been on the phone with them for over year, explaining the issue over and over to many people, just to be transferred over and over again. Even after I located that documentation and offered to fax it in and request they refund the LPI fee, for a issue that is not my fault but their own, they still refuse any support and wish that I pay for their mistake.They said that I agreed in my titling that my mortgage could be sold and I agreed, then added that as long as the terms of my original contract remained the same and explained in this case they terms were not mirrored and therefore perhaps a breach of contract.Do I have any recourse at all? At this point, my escrow became negative and my mortgage rate inscreased nearly three hundred dollars a month to cover that charge...
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