For Those About To Rock …

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):

  1. Don’t be afraid to send out periodic QWR’s (Qualified Written Requests under RESPA Section 6).
  2. 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.
  3. 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.
  4. 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!
  5. 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)!
  6. 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!
  7. 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!
  8. 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!
  9. Don’t be fooled into countersuing closed REMIC trusts. I find the smart homeowners are suing the servicers and their attorneys instead! LOL
  10. 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.

2 Comments

Filed under BREAKING NEWS, Other Relevant Issues

2 responses to “For Those About To Rock …

  1. Teresa's avatar Teresa

    I was forced to pay Home Insurance although I had no insurance. My insurance has been canceled when it was sold transferred to Newrez also known as Shellpointe they forced me to pay my mortgage which included insurance amount, but there was no insurance. I did that for 3 to 4 months, and that was almost a year ago to date, they refused to credit my account or refund me telling me that they had some kind of insurance themselves that they had to carry which covered me and I can guarantee if I had a claim During that time it would’ve been denied due to lack of insurance. They have refused to refund me. They have ripped me off approximately $2500. What can I do about this?

    Like

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