Legal Question in Banking Law in Florida

I was delinquient in paying my property taxes, and was contacted by my bank to ask if I wanted the bank to pay the taxes that were delinquient. I asked how much it would be and they stated that it would be aprox $300 additional to my mortgage payment per month. Based on that, I agreed to the bank paying the back taxes. They told me that the new amount due would show on my next mortgage statement. When I received the new statement, the new amount was $1200 more than my last statement, not the approx $300 that I had agreed to. When I questioned the bank (Bank of America) they told me that their policy was when they paid back taxes, they automatically set us escrow accounts for the next two years and that was why my monthly payment went up so much. I explained that I could not afford that amount, and would have not agreed to that arrangement, had I been mad aware. I reiterated that I was told that having the bank pay my taxes would cost me an addditional $300 per month on top of my mortgage payment, and that I was never told that I would need to pay the additional escrow amounts ($900) for two years later. They said that there was nothing that I could do about it, since the taxes were already paid, and suggested that I try a mortgage modification program. Do I have any legal recourse?

Thank you -

Kym Porter


Asked on 10/13/09, 11:19 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Pay them back the taxes that they paid for you and try to undo what you agreed to.

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Answered on 10/18/09, 7:50 pm


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