In re Rodriguez, No. 09-2724; Third Circuit; opinion by Barry, U.S.C.J.; dissent by Sloviter, U.S.C.J.; filed December 23, 2010. Before Judges Sloviter, Barry and Smith. On appeal from the District of New Jersey. [Sat below: Judge Thompson.] DDS No. 42-8-xxxx [22 pp.]
Under the terms of their mortgage with Countrywide Home Loans Inc., the Rodriguezes’ monthly payments consisted of (1) an amount to cover principal, interest and any late fees and (2) an amount to cover taxes, insurance and “other charges.” The second part of the monthly payment was to be paid into an escrow account and used, as needed, by Countrywide to pay for those expenses as they became due.
