Your home is more than your most valuable possession – it’s shelter, comfort, and a source of pride for you and your family. Whether it’s your first home or your dream home, it means more than just a figure in a lender’s portfolio. At least to you. But mortgage servicers – the company who collects your payments – see things in terms of dollars and cents. So, what happens when the servicer fails to account for your payments properly, or says you owe money that you don’t owe?
Mortgage servicer abuse can happen in many ways. Misapplied payments or failure to apply payments to the right place. Charging unreasonable fees for allegedly late payments, supposedly necessary inspections, or unnecessary insurance. At its worst, mortgage servicing abuse can result in your being threatened or even sued wrongfully for foreclosure. And that can cost you everything.
In addition to your rights under the Fair Credit Reporting Act and (in certain cases) the Fair Debt Collection Practices Act, Congress has enacted the Real Estate Settlement Procedures Act (RESPA). RESPA gives you the right to demand that your mortgage servicer explain itself and correct errors by timely acknowledging and responding to your written Notice of Error and/or Request for Information. If a servicer fails to acknowledge your request in 5 business days – or fails to correct its error within 30 business days, you have the right to file suit for violation of RESPA, for both penalties and actual damages.
We have litigated numerous RESPA and other cases against mortgage servicers, including cases impacted by 2013 Dodd-Frank amendments to RESPA. If your mortgage servicer is abusing their position of power, contact us.