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How do I get a refund of Upfront MIP and PMI

I closed on my home 02/12 - I used the builders mortgage company, TBI Mortgage. The loan was done as an FHA loan however TBI made a mistake and used the wrong FHA Case Number and it was unable to be insured.  TBI came to me 2 months later and said they were unable to sell the loan because of the mistake, the loan was uninsurable, and they needed to refinance me under the same terms.  However, I had lost my job by the point and was unable to refinance.  Now TBI Mortgage is holding the mortgage and they are not happy about it. I requested an escrow review in November 2012 because I was over-escrowing taxes and insurance.  It was at that point that I learned that my Upfront MIP and PMI had not been paid to HUD and that my loan was not eligible for FHA funding.  It was 02/13 when I was finally told that I would be refunded the MIP and PMI and my payment would be adjusted (removing the PMI)  The problem is that I called back the following week and was told that they never said that and the file had been sent to the VP for review and that I was not due a refund.  I called HUD and they said that the case number was no longer active and that no payments had been made to them on the  loan.  Now TBI Mortgage wont even take or return my phone calls or emails.  I am frustrated.  Am I due the refund?  How do I get my money back?  What will happen to my loan now?
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February 21 2013 - Jacksonville
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Sounds like a mess. I have never heard of being charged both PMI and MIP on a loan before, maybe one of the lenders will pop in on that one. Being over charged for escrow is very common and to be expected no matter who has the loan, they error on the side of too much rather than too little but they adjust each year. Since you can't refinance you might want to just leave it as it is. Good luck
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February 21 2013
You may want to consult with a real estate attorney at this point, like Tim said, sounds like a mess on their part.

As far as the escrow for taxes, was the house newly built and not fully assessed by the city or town?  That may be why they were escrowing for more if if was just assessed for the land value and not the entire building.

I hope this helps.
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February 21 2013
 
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