Escrow Refund

We closed on our house last Friday .  It was a short sale.  My husband lost his job and we were unable to make $1300 monthly payments.  We had tried for several years to get a modification and FINALLY the mortgage company agreed to modify our payments a whooping $40.00 less a month.  We had no other choice but to do a short sale.  We could not make our payments but the insurance company mailed us a check for the escrow refund.  I am just wondering if I cash this check will the mortgage company likely come back and make us pay them back.  We had not made any payments in almost a year.  We could really use the refund of course.

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