Attorney Fees Overpaid, Attempting to Collect Refund

[avant-garde]

My question involves a foreclosure in the State of: Michigan

This message is missing TONS of details, as I just wrote this whole message once, and the system logged me out...needless to say I lost all my details!!!

Went thru foreclosure last year, reinstated in Sept 09.

Mortgage attorney says I owe 800.00 for attorney fee's

I reinstate mortgage by cutting check which includes 800.00 attorney fee's

Mortgage calls to tell me that I owe 1100.00 for attorney fee's.

I call mortgage attorney and they say nope...you are only responsible for 800.00 of attorney fee's. It sounds like mortgage is trying to make you pay for their 300.00 fee to us (mortgage attorney). Which was included in the law put into affect (June???) 09.

I had to pay the difference to get out of foreclosure and get my mortgage reporting positive on credit report.

I mailed discrepancy to Mortgage on 3/5/10, telling them that I believe that 300.00 isn't our responsibility and should be assessed elsewhere. Please send refund check.

Mortgage acts like they never received discrepancy...oops we must have lost it!!!

I fax a new (Copy) discrepancy to Mortgage on 5/6/10, including a request for refund check because they lost the first discrepancy. Oh and here is the proof that mortgage received it. Mortgage response: Oh, lookie there...we found your first discrepancy and must have lost the second one you faxed!!! We will respond to your discrepancy by June 6th.

Today, I receive a statement of the fee's that have been assessed on my account regarding the foreclosure. This is one of the documents that I included in my discrepancy. This is not the "detailed response or refund check" that I hade requested in my discrepancy letter. I called Mortgage today and they tell me that Mortgage doesn't see anything wrong with the fee's assessed to my account. I was told that I can send another discrepancy telling them that my response of "Fee's statement" isn't a sufficient response to what I had requested.

What can I do? I want my 300.00 back, and mortgage will not tell me what the 300.00 is for, except to note on the fee's statement that it is a "foreclosure attorney fee" Please help, what else can I do to get my 300.00 back. This is not fair to me!!!

Also,

I have been assessed (205.00) for Inspection Fees and Appraisal Fees on the same reinstatement letter. Before I paid the reinstatement, I verified with the mortgage attorney that those two fees were assessed by Mortgage Company.

After I paid the reinstatement, I called mortgage and asked for a copy of the Inspection and Appraisal. Mortgage told me that they are unable to provide me with this information.

I believe that if I have to pay for a inspection and appraisal, that I should be provided with the merchandise in which I paid for.

Is there anything I can do, which would not make this a legal matter? I think I have tried everything I possibly can do. Their customer service is horrible, and there is no local locations I can go to which would allow me one representive to help me in these matters. The next nearest location is in Chicago, and I am in Detroit...4 hour drive!

I want my 505.00 back. I know it's a small amount of cash, but I want my money!!! It is rightfully mine, if you ask me!!!

I may be jumping the gun here, but I really don’t know what to do.
Can I take this matter to small claims court?
If I get an attorney, can I sue for attorney fee's on top of the measly 505.00?

[Mr. Knowitall]

Either the check was received or it wasn't. If they say it wasn't received, send them a copy of the back of your check showing that it was received, by whom it was received and where it was deposited. (Yes, all that typing on the back of the cancelled check will document where the money went.) If the check never cleared, it was probably never received.

If you have to pay for inspection fees and appraisal fees in association with the foreclosure, the fact that you want documentation of the inspection and appraisal doesn't change your contractual duty to pay those fees. I cannot read your mortgage contract from here, or any other documents you may have executed in association with reinstatement, so I can't tell you what you agreed to pay.