You buy a home with an FHA loan. Every month, you pay not only your principle, but PMI (Private Mortgage Insurance), and property taxes. When property tax time comes around, the mortgage company takes the money you’ve been paying every month out of the escrow account and pays your taxes.
When you refinance a home, you still have to pay the taxes with your new mortgage company. We did this recently (more about my refinance next week). We paid almost a full year of property taxes with our new mortgage company, Bank of America. And we had a refund of almost the same amount due us from our old mortgage company, Taylor, Bean, and Whitaker.
Last week we received our refund. I deposited it into the bank. The bank held it for a few days and then made the funds available, so I transferred money to our Capital One 360 Savings account. This morning I woke up to an overdrafted checking account to the tune of $880.00. What happened?
The Taylor, Bean, & Whitaker Check Bounced
Apparently, the feds raided Taylor, Bean, & Whitaker on August 5th, a couple of weeks after our refinance closed. They filed bankruptcy on August 24th. Which leads to the question…what happens to the escrow money?
The very purpose of escrow is to keep funds safe, so they can be used for a specific purpose. In this case, the funds were to be used to pay property taxes. But since we refinanced with a different bank, and we paid property taxes into a new escrow account, the money should have been returned to us. And it should have been no problem, because the point of escrow is to hold money. The money should have been there.
So what happened to the money?
Colonial Bank is Shut Down by the Feds
Apparently Taylor, Bean, & Whitaker used Colonial Bank frequently. Mortgage payments were deposited there. Employees were paid from Colonial Bank. Sometimes from the same account as the mortgages were deposited into, according to NBC 11.
That doesn’t reassure me that my money and that of many other Taylor, Bean, & Whitaker customers was kept safe.
So the question remains: What happened to the money?
Taylor, Bean, & Whitaker’s Answer
I called Taylor, Bean, & Whitaker to find out what was going on. After being on hold for an hour, I finally got through to Ramona. Yes, she assured me, they were aware that checks were bouncing. The reason was that the bank they used had ceased and desisted. (Colonial Bank, perhaps?) But they are going to reissue checks from a new bank, I was assured. My new check should arrive in “a few weeks.”
So I asked the obvious question. “How long is a few weeks? Three? Six?” She told me two. I’m not holding my breath, but I’ll let you know if the check gets here…and doesn’t bounce.
So what is the fallout? And what happens to the consumers in the meanwhile?
The Consumers are Left Holding the Bag
I can’t speak for everyone, but I can tell you what life is like for us. First of all, we had 8 transactions bounce in our checking account with Chase this morning. Chase charges $25 for each failed transaction, for a total of $200. But they only charge for the first 6 transactions, I’m told, so the total is $150.
Chase told me they’d give me a one time courtesy credit of $70, which is the maximum they could give me. So I’m out $80. Fortunately payday is tomorrow, so we’ll be in the black again. Barely. My husband’s paycheck will be about enough to cover what we owe at this point, so we won’t be spending any money for the next few days at least. Fortunately we don’t have any bills due, and our pantry and freezer are stocked, so we’re fine. I think we have enough gas in our cars, too.
Since I had just moved the money over to 360 Checking, I couldn’t transfer it right back. We had a little extra in 360 Checking that should hit our bank account on Tuesday, so by then we should be OK.
I truly feel for those who don’t have an emergency fund at all and for those whose paydays are not tomorrow. As I was researching this morning, it seems that consumers with their taxes still held at Taylor, Bean, & Whitaker are unsure their property taxes will be paid at all.
It Makes Me Angry
Thousands of families in the United States work hard. We do the best we can to manage our money. We don’t bounce checks, even when money is tight. And when our money is put into an escrow account, we trust that it will be kept safe. And when a financial institution issues a check, we expect that it is good.
And in one moment, when a financial institution hasn’t performed ethically, and a bank is shut down, and a lender declares bankruptcy, the lives of hundreds of consumers are turned upside down. We’re left without our money, that we worked hard to earn. We’re left with overdraft fees to pay. Fees that are not our fault. We’re left wondering whether we’ll need to come up with another $1500 by November, so our property taxes will be paid.
We have to cut through the red tape. We waste an hour of our morning on the phone, just to find out where the money went. We wonder whether this is in any way covered by the FDIC. We wonder if the check we’ve been promised will indeed show up in the mail. And if it does, we wonder if it will bounce again.
I’m glad we’re going to be OK. We’re tight, and the next couple of months will probably be rough, but I know we’ll survive this. But I also know there are families out there devastated by this. Families who will be reeling from this bank failure for months to come. And my heart goes out to them.
Photo by Mike Licht, NotionsCapital.com.
Hey all still waiting on my check here in missouri and i recieved that tbw court papers to last week let me know if any of you get one in the midwest hoping tomorrow!!! thanks to all on this site
Still waiting in Oklahoma and my last name starts with “K”
Still waiting in Oklahoma. No check this weekend…
Got my new escrow check from BOA Tuesday All is good here in the Bluegrass state
Still waiting for my check in Oklahoma….
Are they going by last name? Mine begins with “S”. Maybe that is why we haven’t rec’d our check yet, though I live in NC myself. (BOA’s backyard)
Wow, if it goes by location and name I am really in a world of hurt. I live in the midwest and the last name begins with “T”.
I don’t think they are going by last name because we are a C. We live in Texas. What is taking so long?
We were hoping the long weekend would give a check time to reach our mailbox today…no such luck. I guess I’ll have to call tomorrow to see what’s going on.
NO check here either (Missouri). Only an envelope from TBW about reverse mortgages that are available for purchase. Huge disappointment!
Oops, I meant Oklahoma! We moved from Missouri.
I received the same thing (Texas).
Thanks Carlos Makes sense you got yours first since you are in BOA’s backyard
I live in Charlotte, NC.
We didn’t receive ours and from the recent mail from our contractor, they still haven’t received theirs. BoA and Ginnie Mae are definitely taking their time on these. We can’t afford to come up with the insurance payment due to the contractor for the work they did almost a year ago. The past due notices keep coming even though they know the situation and that they signed off on the check and sent it to TBW—who has been holding the funds and saying I’m earning interest on them. What a mess!
Maybe Tuesday’s mail will bring us good news…
No check in todays mail Carlos where do you live? Maybe Tuesday
congrats still waiting on todays mail
GOT MY CHEK FROM GINNIE / BOFA TODAY!!!! FINALLY!! DRINKS ARE ON ME, FELLAS.
BOA told me mine was processed Weds but not expecting till next week with maiiling and holiday
did anyone get their checks from boa today? has anyone talked to boa since tuesday?
Freddie Mac opts into Issue 4 of the protocol (net-funded).
What about folks whose loans went to Cenlar? Any news for us? The “customer service representative” that i spoke to today knew NOTHING ABOUT THE ISSUE. Oh, but wait… after all, he was somewhere on the other side of the world…..
Brad, that is what Jennifer told me last Monday sHe said May 28th at latest to get Ginnie Mae checks from Bank of America Left her a voicemail today
The 28th came and went and still no check.
Kristi – do you have a phone number and name for Freddie Mac?
Sorry, I tried but since I don’t have a Freddie Mac account number I could never get through the number that I found on the website. Below is the email I received from them with their email listed. Good luck!
Corporate_Communications@freddiemac.com wrote:
We are working on getting everyone their escrow checks and hope to have everyone’s money to them by the end of this month at the latest. I will forward your e-mail to the group in charge of issuing these funds to make sure they have you i “the system.” I’m sorry I can’t give you more exact information about when you’ll receive your check, but it is in progress.
Bounced Platinum EDCA Borrower Checks Freddie Mac Cenlar FSB 877-680-5583
Heather, not sure if you have the above info or not…
just wanted to let everyone know, i spoke to mary cooper with bank of america just a minute ago. (she is filling in for jennifer dittrich who is out the rest of the week). she advised that they have started issuing checks today and that they have 2400 of them that they are issuing. hopefully we have our money by the end of the week or early next week!!
Jennifer at BOA left me a voice mail yesterday and said the checks should be flying out the door… She said there was a lot and they have finally received all the data from TB&W… sounds like all the stories are matching. I’ll write the second I get the check…
Brad
My bounced escrow check was from Platinum Bank. I have filed all papers with the courts. Anyone know who I should contact about getting a new check??
Heather, I am in the same boat. I called Freddie Mac today, although my loan was conventional not FHA, and they said all people should have their checks reissued by the end of the month (May). Apparently, we are the last ones to get our money. In the meantime, we have paid our house off and Cenlar is holding our lien release for whatever reason. Instead, they issued us a refund check for $2 out of the kindness of their hearts. I guess that should make up for the $3000 they ripped us off! I’ll post if I hear anything else.
Hi Randy, I contacted Cenlar again and they said our loan was previously owned by Freddie Mac. Do you by chance have a contact for them? This is so confusing!
Hi Kristi A conventional loan would not be owned by Freddie Mac or Ginnie Mae as they only own FHA mortgages so the Ginnie Mae contact would not be able to help Cenlar should be able to tell you who owns the mortgage they are servicing Just ask Celnar who owns it
Randy, I just called our original loan officer and our loan was a conventional loan. When I enter our TBW # that she gave me it just comes up Cenlar. When I called Cenlar back, they say they don’t have the information I need!! Do you have any number for Washington that I can call to start with? Any help you can give would be wonderful! Thanks, Kristi
Thanks, Randy! I do not have our documents here with me at work so I called Cenlar…they are just sooo helpful! (NOT) I’ll bring the info tomorrow and check the status so I can post an update. After this is over, I think we should all meet in Jamaica for a TBW retreat!
Kristi it depends on who your investor is Mine was Ginnie Mae so BOA is the master servicer for Ginnie Mae You need to put you loan number into the space on TBW’s website to see who investor was on that loan and then go from there If it is Ginnie Mae I have a contact in Washington DC I can share
talked o Jennifer Dittrich at BOA this morning She said we should all have new checks by Friday which is what she told me last week
Randy, we should probably all give you a cut when this is over. Our bad check was on Platinum Bank and I cannot get Cenlar to tell me a thing. Do you think our check will be in the same batch??
Many thanks to all who have contributed to this site. I had signed up to receive email updates last fall. Your research, follow-ups and postings have been extremely valuable and reassuring. After 8 months, we finally received the $3,200 tax/insurance escrow refund from Freddie Mac after the TBW check we were sent bounced last year. Good luck and the very best to all who are still waiting for resolution.