amortgageman
01-28-2009, 06:38 AM
January 31,2009
Attention: Your Mortgage Company Customer Service Department:
Re: Loan Number: ten digits or so
Your name
Co applicant name
Property address
Could be anywhere, CA 46164,
Dear Customer Service,
This is a “Qualified Written Request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA).
I am writing to request:
(1) Copies of all documents pertaining to the origination of my mortgage including my loan application, Right to Cancel, Deed of Trust, note, adjustable rate note, Truth in Lending statements, Good Faith Estimate (GFE), HUD 1, appraisal (including comparable properties, which were used to arrive at value for the above loan, and all required disclosures. These copies should be legible and all documents shall be copied in their entirety.
(2) A copy of the loan history including all payments made, all fees incurred, what has been paid out of the escrow account, and how all payments were applied. This information should cover the entire life of the loan.
We have reason to believe that either, the loan terms were misrepresented to us at the time of closing, or payments made to the servicer on this note were inaccurately charged, and/or posted, causing unnecessary financial and emotional stress. If the servicer did charge and apply payments properly, then there is reasonable suspicion that the loan terms may have been modified after signing.
We are particular concerned about the time period after insert date, after payments started increasing. It was at this time that my wife became ill, and was not able to return to work for six months (until November 2006). During this time, unfortunately our financial reserves were drained, and we were forced to shuffle payments to avoid foreclosure, car repossessions, utility shutoffs, etc. It has been a constant battle since that time.
Until recently, We have stayed in contact with numerous people within your customer service departments, loss mitigation departments, and recently in the process of trying to bring this loan current, or attempting to renegotiate this loan. I was advised that someone would contact me and there would be no problem getting assistance to bring the account current. I had not heard from your customer service department again, and recently contacted your customer service department. It was then that I was told that it would be possible to negotiate and receive an offer to bring the loan current, but was never told on the phone what specifically that compromise may be, just that someone would be in contact with us.
We are very proactive in keeping our family home. We do not want to lose our home, and an application for a hardship withdrawal is in hand, to bring the loan current. We must have a letter with an amount to bring the loan current, and after an industry professional reviews all documents, and agrees that the amount on the letter are accurate, we will be making payment to bring the loan current.
I have been given the runaround by your voice recognition call routing system on numerous occasions. I have talked to various agents with different versions of what the loan modification process really entails. I have been re-routed to the wrong department or individual, dozens of times. This letter should serve, once and for all, to get the proper answers from your company.
I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.
In closing we are not trying to get out of paying anything only getting the loan current, and to proceed with timely payments for the remaining duration of the loan.
Sincerely,
It’s me and my spouse
Cc: HUD, Hope Nowâ, attorney handling foreclosure proceedins,
Contact person (Clerk of YOUR County, your state Circuit and Superior Courts),
Attention: Your Mortgage Company Customer Service Department:
Re: Loan Number: ten digits or so
Your name
Co applicant name
Property address
Could be anywhere, CA 46164,
Dear Customer Service,
This is a “Qualified Written Request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA).
I am writing to request:
(1) Copies of all documents pertaining to the origination of my mortgage including my loan application, Right to Cancel, Deed of Trust, note, adjustable rate note, Truth in Lending statements, Good Faith Estimate (GFE), HUD 1, appraisal (including comparable properties, which were used to arrive at value for the above loan, and all required disclosures. These copies should be legible and all documents shall be copied in their entirety.
(2) A copy of the loan history including all payments made, all fees incurred, what has been paid out of the escrow account, and how all payments were applied. This information should cover the entire life of the loan.
We have reason to believe that either, the loan terms were misrepresented to us at the time of closing, or payments made to the servicer on this note were inaccurately charged, and/or posted, causing unnecessary financial and emotional stress. If the servicer did charge and apply payments properly, then there is reasonable suspicion that the loan terms may have been modified after signing.
We are particular concerned about the time period after insert date, after payments started increasing. It was at this time that my wife became ill, and was not able to return to work for six months (until November 2006). During this time, unfortunately our financial reserves were drained, and we were forced to shuffle payments to avoid foreclosure, car repossessions, utility shutoffs, etc. It has been a constant battle since that time.
Until recently, We have stayed in contact with numerous people within your customer service departments, loss mitigation departments, and recently in the process of trying to bring this loan current, or attempting to renegotiate this loan. I was advised that someone would contact me and there would be no problem getting assistance to bring the account current. I had not heard from your customer service department again, and recently contacted your customer service department. It was then that I was told that it would be possible to negotiate and receive an offer to bring the loan current, but was never told on the phone what specifically that compromise may be, just that someone would be in contact with us.
We are very proactive in keeping our family home. We do not want to lose our home, and an application for a hardship withdrawal is in hand, to bring the loan current. We must have a letter with an amount to bring the loan current, and after an industry professional reviews all documents, and agrees that the amount on the letter are accurate, we will be making payment to bring the loan current.
I have been given the runaround by your voice recognition call routing system on numerous occasions. I have talked to various agents with different versions of what the loan modification process really entails. I have been re-routed to the wrong department or individual, dozens of times. This letter should serve, once and for all, to get the proper answers from your company.
I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.
In closing we are not trying to get out of paying anything only getting the loan current, and to proceed with timely payments for the remaining duration of the loan.
Sincerely,
It’s me and my spouse
Cc: HUD, Hope Nowâ, attorney handling foreclosure proceedins,
Contact person (Clerk of YOUR County, your state Circuit and Superior Courts),