This would mean you’ve had enough of your mortgage loan servicer!
One of the reasons I write on this blog is also to direct you to my Substack page.
I realize that hundreds of you have subscribed to this page because this blog has been up at just about the time I published my second book, Clouded Titles!
TIPS ON HANDLING ISSUES WITH YOUR SERVICER (posted as a courtesy):
- Don’t be afraid to send out periodic QWR’s (Qualified Written Requests under RESPA Section 6).
- Any requests for a QWR must go to the servicer’s QWR address … don’t make the mistake many homeowners do and send QWR’s to their general mail stop. They’ll never get answered and they don’t qualify as QWR’s.
- In a foreclosure scenario, assume the servicer is trying to reimburse itself, which is why, as part of your DVL (Debt Validation Letter), make sure to ask for a complete file of your escrow account and see how much of it the servicer sends you, especially AFTER the servicers notify you of a change.
- You can never see the original note, especially if it’s been entered into the MERS System®, so don’t bother asking for it. You’ll always get a copy, never the original. It’s been shredded!
- In Deed of Trust States, be aware that the servicer (not the lender) and its law firm is in complete control of the substitution of trustees! That’s a breach of contract because the Deed of Trust clearly states that the Lender can only substitute the trustee (unless you’ve signed a MERS RIDER)!
- In Mortgage States, law firms that send you notices are debt collectors and the specific FDCPA language must appear on their letter in plain English in a notable area of the letter. If you need further guidance, you might wish to grab a copy of my FDCPA book!
- In all debt collection cases, if you don’t respond in writing, the party sending you the letter will automatically assume the debt to be valid. If it involves a mortgage loan, you need to research to see whether or not your lender still exists because that originating lender was paid off at closing!
- When using QWR’s, don’t hit the servicer with 50 questions. Some foreclosures can purposefully get dragged on by homeowners who send 2 or 3 questions at a time and a month later, after receiving the results, send out follow-up letters in response to the first set of questions, asking for more information. I’ve seen foreclosures drag out 2 to 3 years longer because of QWR’s being sent to the servicers. Read your mortgage security instrument! The Loan Servicers are in complete control after the loan closes!
- Don’t be fooled into countersuing closed REMIC trusts. I find the smart homeowners are suing the servicers and their attorneys instead! LOL
- Doing case research is probably the most important thing you can do if you find yourself in a predicament with the servicer (alleged default, escrow problems, etc.).
Again, thanks for visiting. I know I haven’t posted here in awhile but it doesn’t mean I’m still not available.
Send documents for review to cloudedtitles@gmail.com.