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On Thu, 16 Oct 2008 07:17:23 -0500, Frank Boettcher
wrote: True, although I've never seen a case where a first mortgage holder did not require and execute the right to an escrow payment. Maybe in some venues those holding that lien would take a certificate of payment in lieu of collecting escrow, I've just never seen it when the mortgage holder had the most skin in the game. After all, on most new mortages if the homeowner lets the insurance or taxes lapse and the house burns down or is subject to a tax sale, the mortgage holders is left holding the bag. Disastrous on the insurance, a costly irritation in the case of the tax lien. In Illinois attaining 20% home value equity against the loan principal erases mortgage insurance and perhaps escrow requirements. That's my experience and I'm not getting into the weeds of law. The mortgagee apparently gets tax payment info from the taxing entity. Taxer is on the original closing documents. In any case I never heard a peep in 11 years about taxes once I dropped escrow payments. Of course I've always paid my taxes. Dropping mortgage insurance and escrow did require me paying for an appraisal. I'm foggy on whether mortgage insurance and taxes/home insurance escrow are separable in the equity requirement. I dropped everything at once. My current 5-year-old mortgage has already been sold twice. Home insurance, which I've also always paid on time, was a bit different. BOA, who last bought the mortgage, sent me a letter saying they would soon charge me exorbitant insurance premiums unless I followed some complex process to prove my home was insured. Part of it had me personally faxing some info. BOA knew when my insurance policy expired, and should have known who my insurer was when they bought the mortgage. I called my insurer - State Farm - and they told me that BOA should have notified them they bought the mortgage allowing confirmation of insurance payment to be sent to them instead of the prior mortgagee. There is a common process and form mortgagees and insurers use for these circumstances. In the end, I raised hell with the insurance department of BOA about failing in their process, and let them and State Farm work it out. But whether this was an honest mistake or not on BOA's part is questionable. I'm sure some people pay double insurance when this happens, just as some mortgagors pay mortgage insurance for the life of a mortgage because they don't pay attention to their rights under law/regulation. They naively think "somebody" is watching out for them and just pay the bills sent to them. My mortgage broker told me he has often encountered older folks paying mortgage insurance that isn't required, costing them many thousands of dollars. And there are thousands of business executives whose sole purpose in life is to squeeze a nickel from the unsuspecting. Ethical conduct is not a given in business. --Vic |
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