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

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

Specialist · Napa, CA · Member since 2015 · 123 posts · 31 votes

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.



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  • Don KonipolBusiness Member
    Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
    2y

    Short a court order, the lender is absolutely correct.

     When you purchased the property, did you reimburse the seller for the escrowed funds?  If not, the escrowed funds are actually the seller’s, unless your contract with the seller specifically called for their relinquishing those funds to you.  If so, then the seller will have to turn those funds over to you once he receives them or be out of compliance with your agreement.  

    Private Mortgage Financing Partners, LLC
  • Joe S.Pro Member
    Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
    2y

    So I am assuming that all the loan statements are coming to the new designated mailing address. (Hopefully that’s you.)  This will be the address that the escrow check is sent to.

    The check WILL have the name of the original borrower on it.. You said you had a POA…..what's keeping you from endorsing the check with your POA? 🧐

    When the loan is paid off, sometimes it takes a number of weeks or longer for the escrow check to be sent out with any refund..

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