Any Easy way to Get ESCROW Impound Funds BACK - when SUBJECT 2 Loan is paid off ???

[Michael Morrongiello]

BACKGROUND:
Bought a property SUBJECT 2 an existing 1st lien (lets say serviced by Shellpoint) years ago.
Loan is NOT in our name but in the name of the original borrowers. This account includes ESCROW IMPOUNDS being collected for the payments of taxes and insurance bills as their occur. We have made payments on the loan that is NOT in our names.

SITUATION:
SOLD the home under a LEASE OPTION (or it could be even a WRAP AROUND Mortgage (or Deed of Trust) type of sale.
They PAY US (on our LEASE or the Wrap Around Note) and We pay the underlying 1st lien lender (serviced by Shellpoint)

PROBLEM:
The Value of the property has gone up a lot. Now the Tenant Buyers / or Wrap Around Note payors are REFINANCING and getting ALL new
financing which means the underlying Note which we took over SUBJECT 2 is being PAID OFF in FULL.

The 1st lien lender REFUSES to return the funds ($$) currently being held in the loan escrow account to US - since we are NOT the actual Borrowers named on the Note they are servicing. The insist that once the account is paid off in FULL, those funds MUST go to the original borrowers. NOTE: We have a specific POA - power of attorney given to us to act on behalf of the loan borrowers with regard to THIS property and their loan. We also have a written agreement stating that the ORIGINAL Borrowers have relinquished any rights they may have to the escrow impound funds that exist or may exist in the Escrow Impound Account. The Lender does not care! THEY REFUSE to issue checks to anyone other than the ORIGINAL borrowers on the Note they are servicing.

Any thoughts on HOW TO - be able to EASILY get these escrow impound funds (which are thousands of $$) disbursed to us ???
I am SURE this has come up with many others when an existing loan that was taken over SUBJECT 2 that loan is paid off.

[Mitch Messer]

Quote from @Michael Morrongiello:

BACKGROUND:
Bought a property SUBJECT 2 an existing 1st lien (lets say serviced by Shellpoint) years ago.
Loan is NOT in our name but in the name of the original borrowers. This account includes ESCROW IMPOUNDS being collected for the payments of taxes and insurance bills as their occur. We have made payments on the loan that is NOT in our names.

SITUATION:
SOLD the home under a LEASE OPTION (or it could be even a WRAP AROUND Mortgage (or Deed of Trust) type of sale.
They PAY US (on our LEASE or the Wrap Around Note) and We pay the underlying 1st lien lender (serviced by Shellpoint)

PROBLEM:
The Value of the property has gone up a lot. Now the Tenant Buyers / or Wrap Around Note payors are REFINANCING and getting ALL new
financing which means the underlying Note which we took over SUBJECT 2 is being PAID OFF in FULL.

The 1st lien lender REFUSES to return the funds ($$) currently being held in the loan escrow account to US - since we are NOT the actual Borrowers named on the Note they are servicing. The insist that once the account is paid off in FULL, those funds MUST go to the original borrowers. NOTE: We have a specific POA - power of attorney given to us to act on behalf of the loan borrowers with regard to THIS property and their loan. We also have a written agreement stating that the ORIGINAL Borrowers have relinquished any rights they may have to the escrow impound funds that exist or may exist in the Escrow Impound Account. The Lender does not care! THEY REFUSE to issue checks to anyone other than the ORIGINAL borrowers on the Note they are servicing.

Any thoughts on HOW TO - be able to EASILY get these escrow impound funds (which are thousands of $$) disbursed to us ???
I am SURE this has come up with many others when an existing loan that was taken over SUBJECT 2 that loan is paid off.

Hi @Michael Morrongiello!

As you've seen, you're not going to get the lender to change their policy.

Fortunately, you don't need to!

If you have a properly written power-of-attorney (POA) authorizing you to manage on behalf of the borrower, then you should be fine.

Here's what we've done:

1. Have the lender issue the escrow refund check in the name of the borrower. (We would have previously updated the mailing address for the loan so the check comes to us, not the borrower!)

2. Take the check to OUR company's bank and show them the POA and any other supporting documentation.

3. Endorse the check as follows: "<Borrower_Name> by virtue of Power of Attorney and Attorney-In-Fact by <Company_Name>"

4. Deposit the check

Sometimes the banker will want a copy of the POA for their records, which we'll gladly provide. (It also helps if the banker knows you, knows what your business does, and you have positive bank account history.)

Hope this helps!