Filing a claim against your mortgage servicer involves a few steps. Here's a general guide on how to proceed:
1. Identify the Issue
Determine the exact problem with your mortgage servicer, such as incorrect billing, failure to apply payments, or unauthorized charges. Gather all relevant documentation, including statements, payment records, and any correspondence with the servicer.
2. Contact the Mortgage Servicer
Start by contacting your mortgage servicer directly to explain the issue. It's essential to keep records of all communications, including the date, time, and the names of the people you speak with. Often, issues can be resolved through direct communication.
3. Submit a Formal Complaint
If the issue isn't resolved, submit a formal written complaint to the mortgage servicer. Include all relevant details, such as your account number, a description of the problem, and copies of any supporting documents. Request a specific resolution, such as a refund, correction of records, or another remedy.
4. File a Complaint with Government Agencies
If your mortgage servicer does not resolve your issue, you can file a complaint with relevant government agencies:
Consumer Financial Protection Bureau (CFPB): The CFPB oversees mortgage servicers and allows you to file complaints online. The CFPB will forward your complaint to the servicer and may help you get a response.
State Attorney General: Your state's Attorney General's office may also assist with mortgage-related issues. They can provide guidance or take legal action if necessary.
Federal Trade Commission (FTC): The FTC handles complaints related to unfair or deceptive practices, including those involving mortgage servicers.
5. Consider Legal Action
If the issue is severe or if the servicer continues to act unlawfully, you may need to consult with an attorney who specializes in real estate or consumer law. They can advise you on potential legal actions, including filing a lawsuit against the servicer.
6. Seek Help from Housing Counselors
Non-profit housing counselors approved by the U.S. Department of Housing and Urban Development (HUD) can provide assistance and advice on dealing with mortgage servicers. They can help you understand your rights and may intervene on your behalf.
7. Document Everything
Throughout the process, keep detailed records of all communications, documents, and steps you take. This documentation will be crucial if you need to escalate the issue further or pursue legal action.
8. RESPA & Other Legal Claims
An Attorney who focuses on mortgage servicing claims can advise you on what other legal remedies you have. One important action an attorney can take on the Borrower's behalf is sending the Servicer a Notice of Error letter pursuant to R.E.S.P.A. The servicer is required to respond in writing to your attorney's request for information and documentation concerning error(s) committed by the servicer. The Servicer is required to correct errors or be subject to legal action that includes fee shifting provisions ( payment of damages and your legal fees).
If you feel your rights have been violated, taking these steps can help you seek a resolution or hold your mortgage servicer accountable