Q: Is a mortgage company required to follow the court order /Special Warranty Deed when refunding escrow money?
I made a deal through the court. I was given the property and the fulfilled my end of the deal signed by a judge. I also obtained a new mortgage. The Special Warranty Deed signed by all parties states that the escrow money from the previous loan goes to me. The mortgage company wrote the refund check out to both parties. The mortgage company said that I could have kept the money and rolled it into a new loan only if I had stayed with them for my new mortgage. How can I get the escrow money (check) written out to me?
A: The mortgagee is probably not subject to the Court Order. You might hire an attorney to make demand for the money, but suing it for breach of contract/conversion is not a good option. You may have to deal with the other payee.
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