New Penn Financial Steve Hernandez, John Viteritti Refinanced; Refund Escrow Amt. $4010; NO REFUND RECEIVED Melville New York

We were refinancing with New Penn, Steven Hernandez, Senior Mortgage Advisor.  In order to process the transaction, Mr. Hernandez required that we pay our escrows up front because our current mortgage holder would not release the funds until the refinance went through.  We were going to receive the escrow ($4010) approximately 1 month after closing.  When I recieved a check for $256 I called Mr. Hernandez.  He said that the money was in our account and that there was a mistake.  He also stated that if need be his company would just cut us the check.  After about a week of him "checking into this", he called and I was told by Mr. Hernandez, and I quote " I never misled you in any way it is not my fault that your lender paid a tax and pmi".  His regional officer Mr. John Viteritti was than the person we were to talk with and he told us there was no money and to direct our legal advisors to him.  We are currently obtaining legal services.