Nashville, TN asked in Consumer Law for Tennessee

Q: I was supposed to receive a refund check for over payment on escrow from mortgage co. It was not received.

They have since sold to another co. Now they will not speak to me. I notified them prior to them selling and said they issued another check. It was not received

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: You will have to file suit, probably for breach of contract from either the settlement statement and/or the sale contract.

Proof of the agreement will be required and may be difficult to prove. The defendant is the new company who is responsible for the debts of the firm it bought. Proof of this will hopefully be admitted. General Sessions would be a good place to start, even if you have to try it twice.

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