The Non-Update on My Escrow Refund

by Lynnae on October 5, 2009 · 279 comments

Taylor Bean Whitaker Update

It’s been over a month since I received a rubber escrow refund check from my former mortgage provider, Taylor, Bean, & Whitaker.  For those who didn’t catch the story the first time around, my husband and I refinanced and had a $1200 escrow refund due.

At the end of August I received and deposited the check into my bank.  A few days later it was returned NSF, causing us to be charged a bunch of overdraft fees that were eventually reversed.

Here’s the update:  there is no update.

The Status of Escrow Accounts at Taylor, Bean, & Whitaker

I have called TBW three times now to find out what is happening with my escrow money.  Every time I was on hold for around an hour before being told that the money is there.  It’s just frozen by the FDIC.  According to Taylor, Bean, & Whitaker, I will receive the money, when the FDIC decides to unfreeze the money.

I’ve talked to the FDIC.  The FDIC put is blaming TBW in the matter.  And they had someone from TBW call me back, basically telling me the same thing TBW told me when I initiated the call.

So basically, nobody at either the FDIC or TBW is giving anyone a straight answer.

The Status of Former TBW Mortgage Holders

Former TBW mortgage owners are in a world of hurt.  Some have had to come up with property tax payments out of their own pockets…after having paid a year of tax payments into their escrow accounts.

Some people can’t afford to pay their property taxes and have been assessed late fees.  Some are even in danger of having leins put against their property, because they haven’t paid their property taxes.

Some people were part of an Equity Accelerator program that somehow ran through TBW.  And payments they made to TBW didn’t make it to Equity Accelerator, so now they’re behind on their payments.  Ironic, since the reason that they signed up with EA was so they could get ahead on paying down their principle.

Others still aren’t sure to whom they should make their mortgage payment.  On one day they’re told that their mortgages are with Bank of America, and on another day they’re told their mortgages are with CENLAR.  And still others have been told that they are part of TBW’s restructuring, under Chapter 11 bankruptcy, meaning that the need to continue making payments to a company whose funds are frozen.  Not very encouraging.

Where are the Answers to the Taylor Bean Whitaker Crisis?

In doing a Google search for the status of Taylor, Bean, & Whitaker and the funds they (or the FDIC, depending on who you talk to) are holding, I haven’t come up with much.  Neither has anyone else.

Other than local Ocala, FL papers, there hasn’t been much news on the third largest mortgage provider’s bankruptcy, other than the fact that they have indeed declared bankruptcy.

Basically customers are forced to get information from other customers. My last post on Taylor, Bean, and Whitaker has over 160 comments from mortgage customers sharing what they know and what they’ve been told.  One reader mentioned that a ruling had been made in the legal case between the FDIC and Taylor, Bean, & Whitaker, but I’ve had trouble coming up with an online source to confirm that.

You’d think that there would be a better way to keep consumers, some of whom have thousands of dollars at stake, better informed about what is happening and what to expect.

I also think it’s sad that here we have a situation that is affecting hundreds, if not thousands, of people:  people, who have done everything right, but are paying a high price for the failure of their mortgage company.  Yet in the national news, Jon & Kate’s unraveling marriage is of more concern than what happens to people when Taylor Bean & Whitaker doesn’t pay property taxes and insurance.

Search Results:

  • CNN:  0 for Taylor Bean Whitaker, 7 pages for Jon & Kate.  A search of CNNMoney.com produced 2 results for Taylor Bean Whitaker.
  • MSNBC: 29 for TBW, 1,580,000 for Jon & Kate
  • Fox News:  Difficult to tell, as there doesn’t seem to be a good way to do an exact search.  However a search for “Taylor, Bean, and Whitaker” returned two results for the mortgage company on the first page.  Other results included Taylor Swift and Green Bean Casserole.  A search for Jon and Kate turned up at least three pages of results that were purely about Jon and Kate Gosselin.  I stopped looking after three pages.

Does anyone else see something wrong with this picture?

Photo by lrargerich.

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{ 279 comments… read them below or add one }

1 Jeff October 5, 2009 at 4:53 am

I recieved a $5800 hot check for my escrow fund. I would love to treat Taylor Beene the same way they would treat me if I would have bounced a mortgage check to them. I wonder if I should be filing complaints with any federal or state agencies? If anyone has any information or advice I would appreciate it.

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2 jeanette October 6, 2009 at 9:08 am

i too am caught up in this whirl wind of who holds my mortgage. i accessed a web site called department of labor & economic growth.(ofis) i live in michigan and i contacted my attorney general’s office. through the office of dept of labor & economic growth i was asked to file a formal complaint against tbw. what good it will do i am not sure but i hope it prevents tbw from foreclosing on me.i think the next step will be to contact an attorney.

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3 Jeff October 6, 2009 at 9:24 am

Thanks for the advice Jeanette!

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4 linda October 16, 2009 at 12:34 pm

I too live in Michigan and had a bounced escrew check. I do not no what to do. TBW stated they would get my money back but did not say when (I contacted them by e-mail) I am not sure this is sufficient to get money back however. Can you give me where or how to contact attorney general. Writing bad checks is against the law is it not!! Linda

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5 Jean October 5, 2009 at 7:54 am

Wrong with this picture? Oh, yes. That was driven home to me – again – last week when David Letterman’s infidelity was the top story on cnn.com ALL DAY, while little mention was made of our men and women in Iraq and Afghanistan. If you’re not ‘pop culture’ in this country, you’re not newsworthy. Sick, sick, sick. Our news outlets should be hanging their heads in shame. Is it any wonder you can’t fine information on TBW? Taylor Swift and green bean casserole – that says it all.

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6 Bill October 5, 2009 at 8:08 am

Your post sums it up better than any I have seen!! I am out $2900 via the Equity Accelerator Program who by the way, kept debiting my checking account “after” the FDIC froze the TB&W and Colonial Bank accounts. Like everybody involved, I have been frustrated at the lack of answers from any of the parties involved…FDIC, TB&W, EA as well as my state banking authorties. So much for consumer protection!! The Tampa newspapers are stating that there is 10/31 deadline for “submitting” a plan to the bankruptcy court on how TB&W via Freddie Mac will process all of the frozen checks and payments. I am fed up with the lack of information so I wrote Barney Frank’s office….he is the Chairman of the House Finance & Banking Committee and he also happens to be my Congressman. Also sent an e-mail to Freddie Mac asking for more information on the court decision. I’ll let you know what I find out should I get a response from anybody.

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7 Tony November 20, 2009 at 10:12 am

I’m in this Equity Acceleration Program boat as well and apparently am STILL waiting.
I just talked, again, to a TBW rep who has told me that the Mortgage payments from EAP were released. They say that they sent over 50,000 individual checks to the new mortgage servicer two weeks ago and that they are just not posted yet.
Of course, BoA cannot confirm that they have received ANY check from TBW because it has not posted on my account. This is Christmas money that they are sitting on!!
How fortunate for them that they can feed us information that can neither be confirmed nor denied.

The TBW rep also told me, because she thought I was talking about escrow funds, that the funds have been authorized for release but they do not have any time table for disbursement of funds held in escrow.

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8 Dogfood Provider October 5, 2009 at 8:19 am

I don’t know if anyone has seen this yet, but Clark Howard has a resource page for people who’s mortgages were held by TB&W at http://clarkhoward.com/topics/taylorbean.html. I hope this helps! I feel rotten for you guys. I guess the very, very, very slim silver lining is that when (if?) you eventually get your escrow accounts refunded, it will seem like a windfall. Sort of. Except for the fees and heartache and agita you’ve had to suffer going through this…yuck. Maybe that’s not even the slimmest of silver linings.

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9 wanda October 5, 2009 at 8:25 am

What a nightmare! Praying this gets settled and soon!

We’ve had our share of mortgage fiasco this past year too. Incompetent ninnies!

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10 lucy October 5, 2009 at 8:26 am

http://www.superlawyers.com/fl.....22e52.html

this is the Trustee in bankruptcy…we can always try and bombard him with compliants about TBW

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11 Lucy October 5, 2009 at 8:35 am

My heart goes out to all suffering injustice at the hands of mortgage companies. We have had to deal with other injustices in the past and I am so very thankful that we now own our farm free and clear.

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12 AngelSong October 5, 2009 at 12:49 pm

What a mess! Yes, the media truly does need to be ashamed; they seem to cater to the lowest common mentality with so much attention to things that matter very little if at all. Sensationalism sells. I really hope this is resolved soon. So many people are really hurting because of this lunacy.

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13 SingleGuyMoney October 5, 2009 at 3:38 pm

That really sucks!! But this is a good example of why you should have an Emergency Fund because unfortunately, things like this happen.

Hopefully, you get your money back soon.

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14 Richard Borton October 9, 2009 at 3:31 am

I hope this gets settled soon. I’ve been having to make my monthly insurance payments to keep it current and, with all the escrow fiasco, for the moment anyway, I’m out $4200. The FDIC is fighting with Fannie Mae and TB&W insisting that they know how best to handle and disburse the escrow monies. But my thought is, if the govt. handles that part of it, it may be well over a year before anything goes out. =(

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15 mhunnell October 9, 2009 at 7:29 am

I am in the same boat. I sold my home more than 2 months ago, but have not seen the $2800 escrow check. Any updates would be appreciated.

This wouldn’t have been a problem if TBW hadn’t taken out a $3500 insurance policy on my condo without notifying me. It was a duplicate policy. The same policy had been in place for years through my HOA. They had this on record, but chose to take out a policy through their insurance branch just when they were clearly desparate for money. There is no mail at the physical address of the condo and I can only guess if they sent anything they sent it to that dead end instead of the PO box that they had on file. I canceled the policy and the $2800 they owe me is the pro-rated balance. If they were still in business I would try to get the $700 back, but at this point I would be happy with the $2800 that they admit they owe me.

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16 Victor October 9, 2009 at 12:42 pm

I’m in the same boat refinanced and awaiting $3500. Just talked to TBW and the same thing still frozen

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17 Sandi October 10, 2009 at 7:59 am

I search daily for updates on the bankruptcy and there is very little info because every article indicates that the folks at TBW aren’t talking to anyone in the media. The FDIC and TBW are supposedly working on an agreement and are scheduled back in court on October 31st. I wouldn’t expect to hear anything before then.

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18 Jeff October 10, 2009 at 8:15 am

I still can’t get any information either. I have turned it over to an attorney friend of mine. I’ll post any information he digs up.

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19 Jean October 10, 2009 at 9:44 am

I am another victim of this mortgage “swindle.” TBW issued my escrow fund check for $3000 and it bounced like all the others. It will seem like a God send if we ever get our money. Thanks to all of you who have been on hold and gathered the information that you have.

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20 Shirley October 11, 2009 at 2:05 pm

This is really sad. I think this needs to be a big part of the “CHANGE” we were promised. All I see is what the rest of America sees: Movie Star problems, Jon and Kate and their debacle of a marriage. Why does American media think that is all that matters? What matters is what is happening to Americans who are working and trying to make ends meet just to see it all get taken! That is the priority here. That and our soldiers! Families should be the priority. Instead, we get people who had a lot of kids! They make the headlines! Get real News Media and get the word out on these people losing their homes and money that they had depended on!

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21 Shirley October 11, 2009 at 2:10 pm

Seems to me like those Mortgage companies put the money in their pockets to pay their bills with and flat out robbed all of you people to do it! Just as bad as the big help to the big companies who used it to go get massages and have fun! The real folks who needed the big help are people like you! People like all of us who work hard and pay in just to pay in more and more! The worst is not over yet. Grocery prices, gas prices, just living prices are amazing! Some things at the store are DOUBLE what they were last year at this time, but…we are still waiting on “Change”. The only change I see is in my nearly bankrupt piggy bank!

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22 Shirley October 11, 2009 at 2:12 pm

I am going to be praying for you all. I hate what has happened with the rubber checks. Someone should be accountable. But…it will take something like a miracle to fix this. God bless. Hang in there people. That is all any of us can do. Hang in there.

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23 Shirley October 11, 2009 at 2:21 pm

Lucy’ s suggestion on the super lawyer site: http//www.superlawyers.com/fl…..22e52.html
is a good idea. Also scroll down to the bottom of the site, hit the
“contact” in the row at the bottom, then pic out the site for the publisher who wants to know if you have an interesting story. Tell them yours people! Everyone needs to do it so they can see that it is needed. Won’t hurt to try. At least it may get some attention.

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24 Marni October 11, 2009 at 3:42 pm

Yep, same story. We sold our house and TB&W wrote us a refund check for what they owed us from our escrow account and overpayments, $4400. It bounced when I cashed it. Please keep us posted and thank you for writing this!!

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25 Deb October 12, 2009 at 8:58 am

We are also waiting for a re-issue of our $3,800 check that bounced. It has been very frustrating. I have made several calls to TB&W and have spent hours on hold just to find out there’s nothing more they can tell us right now. I just want MY money back!! It feels a little more comforting knowing we are not alone. Thanks for all of the posts.

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26 Scott October 12, 2009 at 10:47 am

My wife and I found out last month that our insurance and taxes are not getting paid with the escrow $$ we have go in each month. She called TBW and asked if we could just pay it ourselves. The rep told my wife that, as indicated in our note, we would have to have that done through the state of AZ and that they would request a fee of .25% of the loan to process it. ??? We both read through our note and there is no mention of that at all, only that TBW has the ability to let us out of automatic escrow payments at their discretion.
I sense a lawyer is going to be needed soon, as I am adamant about not sending another dime until I know who my $$ is going to and none of it will be tied up by the FDIC.

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27 Chris October 12, 2009 at 10:57 am

TB&W owes me $2,156.00 from my escrow impoun account. I refinanced in July 2009 with a different lender and have had the same problem contacting TB&W. My last call went through and I was told when the bankrutpcy court gives the go ahead, TB&W will issue the refunds. I hoppe it is soon.

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28 Debra October 13, 2009 at 6:56 am

We are in the same position as many of you on here. We refinanced our mortgage in July and received our escrow refund, deposited and proceeded to pay several bills with it, to find out 5 days later it bounced causing over $900 in fees from our bank. Our bank would only remove a few of them. So, now it has cost us several hundred dollars more of OUR money. Don’t they realize escrow accounts are the customers money, not theirs! Then to add salt to the wound, I hear about TBW coming up with $70,000 to the utility company in Florida to keep their lights on! Why not use some of that money to offset what they owe thousands of customers. I’m sure the big wigs at TBW aren’t losing sleep over a few thousand dollars, but I am and I am sure many others are also. It might not seem like much to them, but we were counting on our escrow refund, after all it is our money!

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29 lucy October 13, 2009 at 6:05 pm

scott,
I tried that too about a year ago when I sensed they were improperly handling my escrow account. my closing documents never mention that I have to pay escrows. in fact I was the one who requested that I escrow with my mortgage when I first bought my house, I thought it would be easier! The only thing I could think of is escrows could have been a condition to underwriting the original loan. If they cant handle escrow accounts we should be allowed to withdraw from the program. I sense more and more each day, no one is looking out for the consumer!

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30 Samir salman October 14, 2009 at 7:39 am

I Am also waiting for a re-issue of our $1400 check that bounced. It has been very frustrating. I have made several calls to TB&W and have spent hours on hold just to find out there’s nothing more they can tell us right now. I am Glad that I got out, But I need to Know how and when I can get my money.

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31 Arnie October 14, 2009 at 10:50 pm

I thought I was the only one swindled of $4500 for the Escrow refund till I stumbled on to this website. In my case, I wasn’t even able to get a call through to TBW. So does this all mean no hope for getting our money back>

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32 Larry Davis October 15, 2009 at 7:16 pm

I too am waiting on TBW to pay my property tax out of escrow. I talked to them and they said their hands were tied and it was up to the FDIC and they were trying to un-freeze the escrow accounts. I asked them what I was to do concerning the property tax payment and was suggested I go ahead and pay it. I suggested I quit paying into escrow and I wanted my money back. They said I couldn’t do that and to continue making payments into escrow. Good money going after bad. I don’t know what to do?

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33 marc smith October 16, 2009 at 6:00 pm

I worked for TBW as a Quality Control Underwriter until 2008. I always had to tell people what I did with my tounge in my cheek.
1st off ,TBW was a privately held company. Very few checks and balances and what checks and balances were there ,were there for show to the regulators. Fannie Mae cut TBW off years ago. What took Freddie and FHA this long????
The TBW is also very complicated because they were in bed deep with Colonial Bank. The FDIC wouldnt normally be involved in a mortgage company case, they are more of a bank regulator. TBW and Colonial Bank were playing a shell game for hiding huge sums of Bad mortgage loans so you have multiple government agencies
making a bigger mess of it.
I really feel bad for TBW customers.
There are people who just closed on TBW home loans a few days before the FED came in and thyre loan never funded. Theyre old mortgage company never got paid off and theyre TBW net proceeds check bounced after borrowers wrote a bunch of checks to pay off other debts.
I knew TBW was a disaster waiting to happen, not only has it come to fruition ,but also has effected so many Joe homeowners in ways that never occured to me.

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34 Sam October 18, 2009 at 8:12 pm

I have a bounced check for $4300 after I did a refi. Isn’t escrow money protected somehow? Aren’t we supposed to be paid first as debters of a bankrupt company?

Anyone contacting an attorney should update us if this is worth it

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35 Victor October 20, 2009 at 1:40 pm

It was suggested to me that I should try to file a creditor claim with TB&W and after a quick call to the Middle District of Florida (Jacksonville) Courthouse I got info for the bankruptcy court. Which directed me to BMCGroup.com and I left a message and found out the Proof of Claim form for TB&W
http://www.bmcgroup.com/restru.....ientID=218

However that being said my lawyerspeak is veryyyyyyyyyyyyy weak so I’m having some issues filling it out.

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36 Bartt October 20, 2009 at 7:44 pm

Go to the website in Victor’s post.

http://bmcgroup.com/restructur.....ientID=218

After you hit the “Agree” button, a “General Information” page will be displayed for the TBW case. From there, look across the top (orange) navigation bar & click the “Court Docket” link. If you’re gathering info. on the FDIC’s involvement, you’ll most likely be interested in documents 468 & 222.

Doc 222 is the original “stipulation” that the judge laid out for FDIC. It appears there were several fillings by multiple parties to modify that stipulation. Doc 468 is the final result that addresses all of the subsequent filings & amends doc 222.

I think article 6 in doc 222, “Tax and Insurance Payments” cover most folks in the bounced check/unpaid escrow refund arena. You’ll find it on the 10th page of doc 222 (although it shows a page number of 7).

looks like the timeline is “as soon as reasonably possible” (last line on that page).

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37 Sam October 21, 2009 at 2:05 pm

Victor and Bratt,

Many thanks for some great and valuable info. I would suggest anyone that is waiting for bounced check filling a written claim via this web site.

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38 Jean B October 21, 2009 at 3:26 pm

thanks to all of you who have called TBW and spent the hours on hold. Many of you have gathered valuable information and I have used the claim form to file my claim and get in line for my $3000. I finally got the claim form and the information on where to send it. Now I pray I will some day get my escrow refund… which was my money and got tied up in the mess. I need that $3000 more than TBW and it was so wrong of them to rob me!

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39 Bartt October 23, 2009 at 1:52 pm

I’ve had pretty good response for escrow issues using:
866-369-6509
LoanFunds@TaylorBean.com

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40 Sam October 25, 2009 at 4:30 pm

A question for the folks who field up the claim form. Can you say what you put in for “entitled priority under U.S.C 507(a)”? Are there any claim priority that we can assume for a bounced escrow check?

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41 David October 29, 2009 at 2:23 pm

We are not entitled to any priority that is listed in this case. I checked with a bankruptcy attorney about it.

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42 Bartt October 26, 2009 at 7:01 am

that form seems to be intended for creditors.

As I understand it, the priority given in bankrupty cases is:
1) depositors
2) creditors (w/ preference given to non-subordinated)
3) shareholders

I’m not an attorney, but from my perspective, I didn’t provide any services or products to TBW. They were holding my money. The fact that it was in an account with their name is semantics.

I think we’ve got a strong case to say we’re depositors, not creditors, which puts us at the top of the list. There may also be other laws protecting those funds, which might put us in a different class.

At any rate, there seems to be quite a bit of rumbling that the money will start flowing at the end of this month, with some kind of prioritization. I haven’t seen any official prioritization, but would assume tardy tax/insurance payments will be 1st.

I don’t think I’m going to fill out a form, labeling myself as a creditor, yet…..

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43 Jean B October 26, 2009 at 4:08 pm

Good question about what box to check for “entitled priority. Any answers?

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44 Margaret Rover October 27, 2009 at 12:30 pm

I, too, am going through something very similar. We refinances and TBW issues us a rubber check for $4651.63, a rebate of the amount held in escrow.

My understanding is that the bank, Platinum Community Bank, upon which the check was drawn (majority owned by TBW) was seized by the FDIC. When this fact is stirred in with the FDIC’s statement to me that TBW’s assets were frozen by the FBI, and TBW’s argument that the escrow funds are subject to the bankruptcy proceedings, it is impossible for me to know WHAT caused the check to bounce. If the bankruptcy proceedings then I still don’t get it because escrow funds are not the property of TBW but instead held for a client’s benefit.

Thanks for sharing your experiences. Maybe if we band together we can get to the bottom of this?

Margaret Rover

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45 David October 29, 2009 at 2:30 pm

As i understand it, Platinum Community Bank, functioned off of a line of credit from Colonial Bank, which happened to be taken over by the FDIC (unrelated to TBW). When that happened, all Colonial (and consequently Platinum) accounts were frozen as is typically done in a bank takeover by the FDIC. Complicating the matter was the suspicious relationship between Colonial and TBW and Platinum, where it appeared that operating funds were co-mingled with escrow funds. Anyone out there correct me if I am wrong, but I believe that is why this is taking so long. Part unfortunate confluence of events, and part bad business practices by TBW. In any case, it would appear, based on the statements from the court, FDIC & TBW that our money will be returned….someday.

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46 Jean B October 27, 2009 at 1:59 pm

Anyone have a good attorney working on this issue? Are we all going to have to band together in a class action suit to get the money which is owed to us? It is about time that we stand up for our rights and make TBW pay dearly for the anguish which they have put us all through!

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47 Dennis Daniels November 2, 2009 at 12:53 pm

I was told today the court case number for Jacksonville Florida is 3:09-bk-07047-jaf and that the Judge in this case has all assets frozen. Of course I have been told this for four months.

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48 Fred Z November 2, 2009 at 4:59 pm

I pride myself on paying ALL my bills, in cash, on time. I joined this Equity Accelerator crap in order to pay down my home mortgage (15 yr note) in just 12 years. I will be the first one in line to march up to the A-hole(s) house, knock on his door, grab him by the throat and JACK HIM UP — just to gain some satisfaction that some no-good stuffed suit can STEAL our cash while other stuffed suits sit around and watch.

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49 Jonathan November 3, 2009 at 8:00 am

I am in the same boat. I refinanced my house before TBW went bankrupt, without knowing they were having financial problems. I received my escrow check balance from TBW of around $800 only to have it bounce.

I have since been calling every number I can find only to get different answers from everyone I speak with.

Today, I called TBW. They told me their accounts were still frozen and they were not sure when the funds would be released. When they were released the funds would be paid in stages. I asked for a time line (1 month, 6 months, 1 year, 5 years), she said she did not know.

I called the following number with the FDIC, 1-800-378-9581 (Missouri office). The lady their said she had a letter in front of her stating the funds had been released on 10/16 and that refund disbursement had begun. She said the Dallas office was handling this and referred me to their number, 1-888-206-4662.

I spoke with the lady in Dallas, and she was clueless. She said the FDIC had nothing to do with the holds on TBW’s accounts. She forwarded me information about contacting my current loan servicing provider. I became tired of telling her that I refinanced prior to TBW going under and that my current service provider had nothing to do with this. She was determined to forward me an email that she thought would answer my questions. She forwarded it, and it had nothing to do with escrow refunds.

If anyone is considering filing suit against TBW, please let me know.

I will keep you posted on any information I gather.

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50 Bartt November 3, 2009 at 12:11 pm

FWIW,
I’ve had pretty good response for escrow issues using:
866-369-6509
LoanFunds@TaylorBean.com

BMCGroup is helping administer the bankruptcy case. Go to their TBW website:
http://bmcgroup.com/restructur.....ientID=218

After you hit the “Agree” button, a “General Information” page will be displayed for the TBW case. From there, look across the top (orange) navigation bar & click the “Court Docket” link. If you’re gathering info. on the FDIC’s involvement, you’ll most likely be interested in documents 468 & 222.

Doc 222 is the original “stipulation” that the judge laid out for FDIC. It appears there were several fillings by multiple parties to modify that stipulation. Doc 468 (dated 10/16) is the final result that addresses all of the subsequent filings & amends doc 222. The last time I checked, there was an appeal of the final stipulation, but it didn’t state the basis for the appeal, only that one was filed (doc 520). Whether it will have an impact on the timeline or not, I don’t know.

At the far right of the top menu is a link to “File A Claim”. You’re welcome to fill that “Proof of Claim” form out & mail it. However, I’m not certain that’s what the holders of bounced checks need to do. There’s another law that governs escrow accounts, RESPA, & I’m hoping it places us at the top of the list, since TBW was holding “our” money, not TBW money.

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51 Todd November 3, 2009 at 10:27 am

I just got off the phone with my new provider American Home Mortage and was told to fax a copy of the canceled check and receipt from my county showing I paid my property taxes. The rep I spoke with said it should take 14 days to resolve the issue and at that point I will receive my reimbursement for paying my taxes out of pocket. We’ll see if it actually happens. On a positive note the rep was very nice and helpful and I didn’t even have to wait on hold!

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52 Megan November 3, 2009 at 10:36 am

I called BOA for an unrelated question about my loan. While I had them on the phone, I asked them about my missing money from TB&W. The guy (who admittedly did not really sound like he knew what he was talking about) told me to fax a copy of the bounced check, both sides, and a bank statement showing it bounced, with a reference to the loan number and a note. He said it would be taken care of. I am not sure I should do that, I wanted to see if anyone else had talked with bank of america and heard something similiar.

Also, first post with all of the useful comments, now has the comments locked for some reason and it was very useful in keeping me up to date. I am not sure how to let all the other active posters on that blog to post over here. We need the information.

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53 Bartt November 3, 2009 at 12:32 pm

I doubt your new loan servicer will be able to help you on the bounce escrow check.

“Todd”s situation sounds different, in that it sounds like his full escrow balance from TBW was transferred to his new service provider & the new provider didn’t pay his taxes. Since he paid out of pocket, he just needs to send them proof that he paid it & they’ll reimburse him from the funds that they have in his escrow account.

In your (& my) cases, TBW cut us a check that bounced & sent our new servicers what was left over. I already asked my new servicer to help & they said that since the funds in question had never been sent to them, they couldn’t do anything. They said TBW would have to handle it.

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54 lucy November 3, 2009 at 1:20 pm

hi todd,
AHMS told me the exact same thing yesterday, so hopefully we will get our checks. The girl was very nice who I spoke with. although then they transferred me to someone in India to discuss my October payment and he was not so nice!

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55 Brad November 4, 2009 at 11:22 am

does anyone know how we can keep our escrow money and pay the taxes ourselves? Do we have to do this forever? I would like to save it myself so I won’t be in this situation again

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56 Todd November 4, 2009 at 12:18 pm

I talked to TBW two days ago. They said that their accounts have be unfrozen and they should be sending checks out over the next couple of weeks. Hopefully we will all be get are money soon.

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57 Mark November 5, 2009 at 6:58 am

Brad,

Based on the research I did before I requested Cenlar close out my escrow account (no longer wanted one after the TBW fiasco) I found out that escrow is not required for “conforming” loans. If the loan is more than 80% of the property value/purchase price, escrow is required. As well, for most FHA and VA backed loans, escrow is required.

I closed my escrow account with Cenlar by faxing the request to the appropriate department. It took a little time, but the account was closed and I just received my escrow refund check.

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58 lucy November 5, 2009 at 1:30 pm

mark, how long did it take? I dont have the same new lender but just wanted to know if I shoul dtry and start the process before decembers taxes or after…

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59 Mark November 5, 2009 at 6:32 pm

Lucy,

I faxed the letter requesting the closing of our escrow account Sept. 30th. The refund check was cut on October 21st and we received the check October 29th. I had money set aside in case the check did not make it on time to pay my remaining taxes, so the timing of when the check was sent was not a big deal for us. If the money from your escrow is the only way you can pay your taxes…I would wait, let the mortgage company pay it, and then close it after the taxes are paid.

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60 lucy November 6, 2009 at 6:58 am

thanks mark. I am more concerned with something strang happening like they close my escrow account the day before my taxes are due and dont inform me, I am going to wait until atfer Dec 1…who knows maybe the escrow refund will come before xmas ;0

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61 Melissa November 9, 2009 at 8:48 pm

This was all tremendously helpful. I had the exact same experience. TBW has thousands of our dollars and calling them was excruciating. Glad to hear that (hopefully) they have started dispersing funds. If anyone receives a check – preferably one that clears (!!) please comment and let us know!!

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62 Mark November 10, 2009 at 11:58 am

Melissa,

Unfortunately, the check I received was for escrow money that was transferred to Cenlar after TBW closed. The money was not for a past check that bounced. The $470 check that TBW sent to my insurance provider bounced and is still MIA. Not sure if I will ever see that money.

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