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Escrow/Mortgage/Taylor Bean & Whitaker

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I purchased my home Oct 10 2008. Unfortunately for me, my mortgage was with Taylor Bean and Whitaker. They were not my choice, but the builder said if we wanted to go through 100% financing, we had to use their preferred lender.

Anyway, in the state of FL, you must have homeowners insurance and you cannot close on the home. I purchased homeowners insurance and paid 100% up front.

Everything seemed to be going fine until I got my escrow statement in June. Seems they claimed they never had my homeowners insurance updated even though I sent them the policy on more than one occasion. I called them and faxed them the necessary docs: cancelled check and another copy of the dec page showing them listed as additional interest/mortgagee. They told me it would take approximately 6 weeks for them to get a refund on the over $5K they charged my escrow account for the insurance that they tried to force on me.

At the 6 week mark, I was unable to log into my account with Taylor Bean and Whitaker. They filed for Bankruptcy and are being investigated because they were writing bad checks. Many of those bad checks came from the misuse of escrow funds.

I promptly sent a certified letter to my new lender, Bank of America, and attempted to explain the situation. They made no attempt to locate the missing $5K from my escrow account until I called them yesterday and spoke with someone in the escrow department. She put a research request in, but made it sound as though there was no guarantee that I'd get my money back because Taylor Bean is fighting with the FDIC, and asking the FDIC to allow them to continue to disperse escrow funds! In the meantime, thousands of escrow accounts are frozen.

My property tax is due in November. I can't afford to have a shortage in my escrow account because of Taylor Bean's fraud. Not to mention that I'm pretty sure it's illegal to force me to be double indemnified with my homeowners insurance. I paid for one policy and essentially, if they don't refund my money, then I've purchased another policy. One that I never got the paperwork on by the way.

I am definitely considering hiring an attorney at this point, but I need to know if I have any way of keeping Bank of America from forcing me to pay the shortage on my escrow account, created by Taylor Bean's misuse of my escrow funds. I can't afford a $3K a month mortgage payment, and I want my $5K back in my escrow account where it should be!

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