Escrow Funds, Continued

Hi,

Please see my comments, in YELLOW CAPS, interspersed throughout your letter:

"Hello,


Thank you for getting back to me so quickly. This was, and still is, a complicated situation. From your response, I can see that there were some things that I didn't explain clearly. I thinks it's because I'm so tired of telling my story!!! However, that certainly isn't your fault. As far as the first contractor, you're right in that I didn't allow him to finish all that was on his original estimate. It was mainly the hardwood flooring that he had nothing to do with. The hardwood flooring has been installed and the company has been paid. Once the contract found out that he wouldn't be doing the flooring, he got ticked. I had been in contact on a regular basis with the mortgage company and they were aware that I was not intending to allow him to complete all of the work that was in the original estimate. There is some work still not done, mainly painting. I have since had to have a painter come in and repaint my house because the painting was soooooooooooooooooooooooooo bad, but he only got the upstairs done. I also had to have some other things done that he simply didn't finish. All of that stuff has been paid for out of my pocket. Therefore, there is no money that needs to go back to the insurance company. I even had to pay for part of the hardwood flooring out of my pocket. SEND YOUR RECEIPTS TO THE LENDER WITH A LETTER DETAILING WHAT HAPPENED. SEND IT CERTIFIED, SIGNATURE REQUIRED, TO THE PRESIDENT OF THE LENDER (THIS IS KEY)!


Once the adjuster was told that the contractor would not be completing the floors, he called the contractor and asked for a final bill. DID THE CONTRACTOR SEND HIS FINAL BILL? WAS HE PAID, ALBEIT HIGHER THAN QUOTED, THE AMOUNT HE BILLED? THE CONTRACTOR HAS A RESPONSIBILITY TO BILL IN A FAIR AND TIMELY MANNER. IF YOU HAVE A COMPLAINT, THREATEN THE CONTRACTOR WITH A FORMALIZED COMPLAINT TO THE STATE REGULATORY AGENCY HE WORKS UNDER. NOBODY LIKES "DINGS" ON THEIR RECORD! When I talked to the mortgage company asking for the remainder of the money, they told me that the contractor and I would have to sign off and then they could release the money back to us. I STILL DO NOT UNDERSTAND WHY THEY WILL NOT GIVE YOU THE MONEY, IF QUALIFIED TO BE GIVEN TO YOU, IF THE ORIGINAL CONTRACTOR WAS PAID. IT SOUNDS LIKE HE HAS NOT BEEN PAID YET, OR THAT HE HAS BEEN PAID BUT WILL NOT SIGN OFF ON THE FACT THAT HE HAS BEEN PAID. THUS, LEAVING THE LENDER WITH THE IMPRESSION THAT THE CONTRACTOR MAY STILL MAKE CLAIMS. TELL THE LENDER/ADJUSTOR TO ASK FOR THE FINAL BILLING AND HAVE THE LENDER HAMMER IT OUT WITH THEM. AFTER ALL, THE CONTRACTOR PROVIDED A WRITTEN ESTIMATE (I HOPE!) AND IS BOUND TO HIS ESTIMATE WITHIN REASON. OTHERWISE, IT IS SIMPLY SOUR GRAPES AND I SUGGEST FILING A COMPLAINT AGAINST THE CONTRACTOR. THE LENDER IS RIGHTFULLY FEARFUL THAT A LIEN COULD BE FILED. THEY ARE CAUGHT IN THE MIDDLE. They asked for a whole letter from the contractor since the amount he would be paid was less than the original estimate. I have explained to them that the amounts differ because he didn't do the floors. However, the contractor wrote a final bill for what I supposedly still owed him. The problem is that on the final bill, he didn't take the original bill and subtract the flooring, which would have made perfect sense and would have been fair. Instead, he added charges that weren't on the original bill. For example, on the final estimate, he added a charge for $1,500 for prepping the ceilings and the walls for painting!!!! Basically, he was ticked about losing the flooring money, so he was trying to get the money in another way. I explained all of this to the mortgage company and I asked them to get involved, but they refused to do so. So, the bottom line is: The mortgage company will not release the funds to just me until he signs off because he could put a lean again my property. I think that is wrong of them because I feel they should be looking out for me, but they aren't. AGAIN, IT IS THE CONTRACTOR WHO IS CREATING THE PROBLEM. FILE A COMPLAINT!!!!


I contacted the contractor and we got nowhere!!! I finally got an attorney, whom I asked to simply call the contractor, rather than doing all of the legal paperwork, but she didn't do that. She did call the contractor's worker, who owed me $1,000 for some furniture, but she said the contractor owed me more money so she would have to start in writing. Again, I asked her not to for a couple of reasons: 1) to save me money; and 2) so he wouldn't get intimidated by the legal part of it and feel he had to contact, and in turn, pay his attorney. At the beginning, he was willing to sign off, but once he saw all of the paperwork, he said he would need a week for his attorney to look over the paperwork. When the week was up, she called him back and he stopped returning her calls. I don't know if it's because his attorney found a loop hole for the contractor or what. I have since talked to the attorney and she told me it wouldn't be worth taking him to court because I would spend more than I'm trying to get back!!!! That ticked me off since I have already paid her over $1,000, but the worst part was that after she told me that, she left another message for him saying that if he didn't return her call, then I would file a law suit!!! Why she would tell him that if she told me it would cost that much, I don't know!!!! I am absolutely fit to be tied!!!!

FILE A COMPLAINT ABOUT THE CONTRACTOR! YOU MAY NOT NEED AN ATTORNEY YET!

I am going to contact the mortgage company tomorrow and I am going to ask them for assistance one more time. If they won't help me, then I am going to go to their regulatory agency. Would that be the FTC? Is that the appropriate person for me to contact? I'm not sure if I understood the part you wrote about escrow. You said that's a third party, but I think they are just holding the money in the mortgage company. ESCROW CANNOT RELEASE FUNDS UNLESS THE LENDER AUTHORIZES THEM TO DO SO. I WAS GOING TO SUGGEST CONTINUALLY FOLLOWING WITH THEM, BUT IT ALL STARTS WITH THE CONTRACTOR. Does that make sense?? Should I expect them to give me the money since he won't sign off or not? Should I expect them to help me by contacting him or not? They sure wanted to know everything about him as far as making sure the work would be done properly and all, that he was licensed, bonded and insured, but now that he is being an idiot, they won't help me!!!!! I am not in the wrong in this situation, but yet I can't find anyone to help me. Could I expect his insurance company to help me or my insurance company??

Help!!!!!! Not only am I out all that money, but I STILL have to hire a painter to fix the incredible MESS he made in my home!!!! How can he get away with this???

I would appreciate any help you can give me.


Thank you,



Robin"