Impound Account

My mortgage company has been holding for about 4 months now excess funds that I paid last year on my impound account. I am currently delinquent on my mortgage, although I'm able to make my monthly payment I am having trouble paying the months I'm behind. I have asked them numerous times to use those funds towards one of the delinquent payments, I am not asking for them to send the money directly to me. These are my funds, however, they refuse to release them and have told me that the loan has to be current in order to relase the funds. I have read that under california law a lender is required to send excess impound funds to borrower withing 30 days...............does any one have any advice for me????