RESPA Lawyer Blog

Most Borrowers do not know what a RESPA violation is, what it means to them.

Often it involved Up Charging of fees paid for outside services. These can include a wide range of items from Tax Service, to Escrow, Title, Credit Reports, and Appraisal Fees.

I had an experience where Countrywide tried to charge $600 for an appraisal that cost $195 for a Drive By report. I know, I spoke to the appraisal office about the issue.

In my case, the loan was in process, it was a rate reduction, no cash out refi.

I took my complaint and issues with the RESPA statement up-line three levels of management.

Before we were done, they had taken $2,800 out of the various fees that they were trying to charge on the loan.

To me, it seemed like a Corporate Culture type of thing.

Do not trust even your existing lender.

Do not settle a loan agreement without challenging the line item costs.

Which is separate from filing a complaint if already taken advantage of.

I am looking for a list of the violations so i would know what codes to put in my complaint letter. Where do i find it.
Please help me out as i was put in unaffordable loan.

I received a letter from my Lender in January that stated they need to put a cushion in place on my loan to ensure that My Escrow is covered. They stated that some changes to my Escrow amounts have caused this change. My payment went from $1304.00 to $1317.00 as of January '09. I was told that an Escrow analysis had been done and it showed that they would not have enough to cover my Escrow if this change was not implemented. I received another letter April of '09 that stated a second cushion will be in effect June 1st and that they would have to increase my Escrow again. I was told that this would double my escrow because of a second analysis that they had just done in early April '09 .I was now confused and frustrated. Every customer service rep.I talked to parroted the same thing. I was told that RESPA is mandating this change and they have no control over it. I knew that my property taxes, hazard Ins. and interest rate had not or can not change. So I was confused as to what had changed that they were so concerned about not having enough to cover Escrow. I have since learned that new guidelines had been implemented by HUD on the RESPA policies. Nothing I read tells me that this is mandated. On the contrary. I believe that the lender is taking advantage of it's customers in doubling their Escrow. The lenders letter also stated that these new changes could cause a shortage in my Escrow and I would be given an option to make a lump sum payment or have these payments stretched over 12 months. My concerns were that in doubling my escrow and causing my monthly payments to increase again to $1330.00 per month. How could this cause a shortage to my escrow? As I read the RESPA policies I noticed that nothing has been mandated. My lender is taking more money from me to apply to a cause that doesn't exist. Nothing has increased or changed with my Escrow other then my lender making these increases and changes and trying to tell me they were mandated from an outside source. I read that a cushion is not required nor mandated by RESPA. If I am incorrect I would like someone to please explain this to me. My lender can not or will not.

I want to know if I can file a complaint of respa violations and if I can talk to a representative from H.U.D. about my case. I am countersuing a bank for breach of contract and after depositions from the other side. I found respa violations and out right fraud. I not sure how to pursue the case from here. I need to discuss my options with my attorney who is taking my case. Please call me at 417.832.8769 at home or email me at scott.gloverZ@att.net thank you again

Southern California Listing Agents requiring Buyers to go through Listing Agents Loan Officer to summit offer. Listing agents not placing their clients interest before their own on Short Sales.

Not summitting all offers, not negotiating with all agents to obtain the best offer, to obtain the most money for their clients, but sitting on the first offer with mortgage company.

RESPA violations
I think I have found violations and need help in determing.In 2007 there was over $800.00 in escrow and over $1800.00 in 2008 at the yearly ending dates that never was returned to me.Also I am being charged for forced placed insurance and have proof of my own with proof of no lapse in coverage among tons of other discoveries.I am being charged for property taxes that I am exempt from.I am in a bankruptcy and have been for 42 months and received 23 statements from my mortgage sevicer that has so much fraud,I dont know what to do.

The mortgage servicer claimed over $2300.00 in late fees etc on our filing bankruptcy 13 in 06 and now is claiming from 2000 to 2005 we owe over $800..00 in hidden fees unknown till now and the servicer has not applied many of my trustee payments to the mortgage among the jungle of other errors.

Thanks for any advice.

A

I was baited and switched by prime lending. Their disclosures state they sell off all loans 100%.We were quoted a loan with countrywide and it never materialisez. it is two years later and no resolution. I am stuck with them because the loan officer screwed up the loan. they are trying to foreclose because i wont give them an insurance settlement, because i have no reson to trust them. I was behind but caught up. They swore i could refi out of this loan but that was more lies to get me to take the loan.we needed the moey for my wifes cancer surgery and they took advantage of our adverse situation. the even opene the title co on curistment eve to get it closed and the l/o put back part of his origination because he admitted he messed it up. they are treating us like crap and we have no where to turn.any suggestions, they have violated respa and hud directives and so many other rules.

I received a notice today from my lender (BOA) that our monthly mortgage payment is going from $2450 to $2830 per month -- an increase of almost $400/month. This is a 30-year fixed rate loan in CA. Our insurance is about steady, but our county taxes have skyrocketed. These two account for 2/3 of the increase. (Though I have not read about skyrocketing property taxes, so I am surprises.) The other third is a "cushion" at 16.6% as well as a "shortage" payment. I am seeking information on whether I can NOT pay such a large cushion.

State of New York.
Over the 2 years Ive owned my condo the lender over debited my escrow account by overpaying my village Taxes in an amount of over $500 of what what was actually due for that 2 year peroid of time. During a recent refinance with the same lender, this lender then had the audacity to charge me over $300 on a line statement in the HUD 1 for... get this....Village taxes in arrears! Is this a TILA violation, Respa violation, etc or what?

I see the same issuse with my escrow as others.But my issuse is they set me up in a loan mod then when everingthing is done and makeing the paymants they has set foth. they sell the loan to a differnt company and the new company chnage the loan and then refuse payment for three to four months. telling me they are working on the past loan mod then they tell me to play some redicless amount to get a loan mod thourgh the new company. what can I do I now have seen the pattern. feel the is both a respa and tila violation

I have a loan with BOA FKS CWide, right from the start I think we have RESPA violations left and Right, I have an email from the loan officer, where I question him on several issues about my loan one being a full loan doc, which he told me my loan was but never requested any income taxes from either me or my husband, to a equity gift from my parents, that he told me to deposit into my account and then provide him with a statement from the bank to show as if the money as there all among, when I question him about it, he told me that in order to get our loan approved we needed to hide some details, as I stated I have this in writing, also while my loan has been current the bank has sent someone to my house for drive by appraisals and charging me every time someone goes to the house, and refuses to credit those fees to me, not to mention that every month my monthly bill is different when I have a 30yr fixed mtg, how can my bill be different every month. I would love to know if these are indeed RESPA violations, I have hear of people getting they house paid for when they had errors in their note or mtg. I have had nothing but headaches with them

Please I need your help . I have mortgage notes with wellsFargo American home Mortgage servicing the loan , it has been more than a Year I am requesting modification the loan, the answer always Investor does not allow modification ,I don't know what I have to do do please help.

Please I need your help . I have mortgage BofA old country wide home loan , it has been more than a Year I am requesting modification the loan, the answer always Investor does not allow modification ,I don't know what I have to do do please help.

Builder Sales Commissions to Unlicensed Persons

Builders like Pardee Homes are giving very high referral commissions to Unlicensed persons - $5,000 for referring a new customer.
http://www.pardeehomes.com/application//lib/pdf/Referral_CA.pdf
Hence Unlicensed persons are taking property brochures and distributing in work places, community programs, churches, etc. They are marketing & promoting the properties in development and filling out the referral sheets for the $5,000 referral commission.

Referral Fees by Builders for Unlicensed Persons is not in the good interest of customers as the customers do not get the opportunity to be represented by a Licensed Agent who is experienced in the transaction and will do their best efforts to protect and safeguard the interests of clients.

As Builders are giving Referral Commissions it prompts customers to ask Real Estate Agents and Brokers for Referral Commissions which creates unhealthy competition in the industry.

I am currently in foreclosure with BOA. In April 2012 BOA and I agreed to a loan reinstatement(which i have the documents).I complied 100% by sending the total amount stated in reinstement documents by the alloted time. I confirmed receipt of payment. Two weeks later my certified funds were returned stating they were not enough.Yet, the funds matched the reinstatement agreement. When I contacted BOA about this they stated they made a mistake processing my funds and to send them again. I sent the funds again, and they were returned again. Does violating such a reinstatement agreement constitute RESPA Violations. I have had 3 different sale dates on my home and need help.I am emotionally drained.

Can a real estate office allow one lender to teach classes at their office and prevent others. I was told that I could not hold classes because our in-house lender pays too much each month to be a preferred partner. Is this a RESPA violation?