u/Firstplace11

Facts of the case:

Mortgage Servicer has denied Borrower’s request for the Escrow to be waived. 

Positions:

Mortgage Servicer maintains that the Loan Modification forbids the Escrow from being waived, i.e. the Loan Modification states that the Lender's Waiver, if any, has been revoked.

VS

Borrower maintains that Loan Modification only revokes waivers issued before the Loan Modification took effect, i.e. the Escrow could still be waived because the Mortgage Agreement grants the Lender dual powers: Lender can both waive the escrow at any time and revoke those same waivers at any time.

Verdict:

So who is right?  Can the escrow be waived?