Missing escrow payment requires legal adjustment of mortgage agreement

Molly English-Bowers Jan. 23, 2016, 10:42am


BENTON—A Madison County woman is suing over an escrow payment her mortgage company allegedly did not make for real estate taxes.

Karen A. Williams filed the suit on Nov. 20 in U.S. District Court for the Southern District of Illinois against Quicken Loans Inc.

On Aug. 20, 2014, the plaintiff signed a mortgage for nearly $89,000; payments included escrow for the purpose of paying taxes on the properties the mortgage covers.  In February 2015, the plaintiff was notified by Madison County that the real estate taxes for one of the properties covered by the mortgage were not paid.

Williams promptly notified the defendant that taxes were delinquent, the suit says. The defendant allegedly informed the plaintiff that incorrect information had been attached to the mortgage, and property taxes for the lot in question were left out of the escrow calculation.

Although the defendant did pay the delinquent taxes and both parties allegedly agree it arose out of mutual mistake, the plaintiff is seeking  reformation of the mortgage agreement to reflect the original intent of both parties, an order that the defendant pay the property taxes as originally agreed without any expense to the plaintiff, court costs and attorney fees, and other relief the court deems just. She is represented by Angela S. McQuage of Blake Law Group PC of Belleville.

U.S. District Court for the Southern District of Illinois case number 16-cv-00028

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U.S. District Court for the Southern District of Illinois East St. Louis
750 Missouri Ave
East St Louis, IL 62201

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