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Posted on: 06th Jan, 2007 11:23 am
I think my lender charged late fee that I do not owe, what should I do?
Hi Zuniga,

Welcome to Mortgagefit forum.

You should send a written inquiry to your mortgage servicer which is called a qualified written request.

As per Real Estate Settlement Procedures Act, the servicer has to respond to your inquiry within twenty days after receiving the letter acknowledging that they have received such enquiry from your end.

The servicer is also required to correct the mistake or show you the details on how it is correct within sixty days. According to RESPA, a written notice is required to be sent by your mortgage servicer stating the action they have taken and the reason why such action was taken.

Posted on: 06th Jan, 2007 11:36 am
I have one advice for Zuniga.

Zuniga, any amount which you consider as disputed can be asked from mortgage servicer to clarify and validate. But do not subtract any such amount from your monthly mortgage payments. There are some servicers who will not accept the reduced payment and consider it to be a partial payment and return your check and charge late fee for that months payment or take it as a default and start foreclosure proceeding.

Posted on: 06th Jan, 2007 11:46 am
if my servicer does not respond correctly or if sends no reply at all to my enquiry then what should I do?
Posted on: 06th Jan, 2007 11:51 am
In that situation, get in touch with your state consumer protection office and also contact HUD for filing a complaint against your mortgage servicer as per RESPA regulations.

This is the address for you to send your correspondence to HUD:
Office of RESPA and Interstate Land Sales
Department of Housing and Urban Development,
451 Seventh Street, S.W., Room 9154,
Washington, DC 20410.

Posted on: 06th Jan, 2007 11:57 am
ok, is there any specific format for the qualified written request Colin..thanks for your help and support
Posted on: 06th Jan, 2007 12:05 pm
Hi Zuniga,

In the letter you should include your loan no. and clearly describe the points. You will have to send the inquiry to their customer service address.

This is the format for the letter:
Attention Customer Service:

Subject: Your loan number
Your Name
Your Address
Your City, State, Zip Code

This is a “qualified written request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing because:

Describe the issue or the question you have and/or what action you believe the lender should take.

Attach copies of any related written materials.

Describe any conversations with customer service regarding the issue and to whom you spoke.

Describe any previous steps you have taken or attempts to resolve the issue.

List a day time telephone number in case a customer service representative wishes to contact you.

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.


Your name
I hope your problem gets solved.

Posted on: 06th Jan, 2007 12:23 pm
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