Скачать или смотреть New servicer rejects your modification application? You have a GREAT case. Find out why.

This video was prompted by a comment on my recent video on what to do if the final modification monthly amount increases from the trial modification promised.

Thank you, Angi Wilkins!! Keep those amazing questions coming!

One of the more common mortgage servicer screwups/frauds is for a new mortgage servicer to come in and refuse to honor the existing loss mitigation (read: Modification) in place on the loan.

Is this often intentional? No. Although it sure FEELS intentional to you when your mortgage company tells you that everything you did to bring the loan current never happened or doesn't count.

Mortgage servicer companies are usually not competent enough to actually be malicious, but their incompetence is more than sufficient to ruin many, many people's lives. Not really the point. A mouse could starve on the difference between incompetence and malice in this situation.

Point is really simple: Both you and your mortgage servicer are entitled to enforce the contract between you.

The contract, in the above sentence, is your mortgage loan.

Built into the contract are the federal requirements of RESPA which REQUIRE the mortgage servicer to honor applications for loss mitigation (modification) and to honor Trial Period Plan (temporary modification) and to honor performed TPPs to final modification.

People, though, get rolled by mortgage servicers. How many of you have talked to a mortgage servicer who has insisted a hundred times that red is blue, up is down and the sun rises in the west?

After a while, you start to feel like you have gone bonkers. You haven't. Your mortgage company is just wrong.

And stupid.

What is really infuriating about the whole things is that it is impossible for you to fix anything. I can pretty much guarantee you that. You MUST serve the right Notice of Error and build the right RESPA case in order to push the servicer to fix their mistakes. If you don't ... ouch. Results can be very bad, even though you might have been very, very right the whole time.

I could tell horror stories of results prior to January 10, 2014 when RESPA was implemented, but I prefer to relegate those disasters to the dustbin of history. (Except some nights at 2 am when I remember EVERY DETAIL OF ALL OF THEM.)

Because of RESPA, your contract with your mortgage servicing company includes performance, by your servicer, of all requirements of RESPA. So you are ENTITLED by law to enforce your modification application and for it to be reviewed accurately under the existing guidelines and to enforce, as a contract, all TPP to final modifications.

I know this is just the tip of the iceberg and also might not fit exactly your situation, but more videos are coming and - as you can tell - I respond to comments.

Be well!

Hoping you and yours are safe, healthy and well ... I am always available.

Get a free initial consultation with Josh: https://denbeauxlaw.com/contact-us/

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