The Real Estate Settlement Procedures Act (RESPA) under the United States Department of Housing and Urban Development (HUD) has a mechanism for consumers and others to file a complaint with RESPA if RESPA violations are being committed or you believe that RESPA violation is being committed. If a complaint is going to be filed with the RESPA division please make sure you follow the following steps so your complaint gets the most attention from the investigators:
1. List the names,addresses, and phone numbers of the alleged violators of RESPA;
2. Write a detailed summary of what happened or what’s happening that leads you to believe that a violation is taking or has taken place;
3. Make sure you list the specific section of the RESPA statute that was violated. Often times regulators or investigators will miss even the most generic of violations so listing the appropriate violations will help them do their job better;
4. Check your spelling and make sure the complaint is coherent and easily understood to the reader; and
5. Include your name, phone number, and address in the complaint so that an investigator can contact you for more information, if they need to contact you. RESPA Complaints can be submitted confidentially to HUD as well. If you believe you have a potential litigation matter with RESPA to HUD, I would recommend that you submit your complaint to your attorneys prior to submission to the HUD office or let your attorneys file the complaint for you.
Once you are ready to send your RESPA violations complaint, you will send it to this address:
United States Department of Housing and Urban Development
Office of RESPA and Interstate Land Sales
451 7th Street, SW, Room 9154
Washington, D.C. 20410
The RESPA Division does have a limited number of staff, fewer than 30, and the number of violations is in the thousands so the more detailed and professional the complaint is the more weight it will carry.
2 comments
1 ping
Geraldine Trice
May 11, 2011 at 10:06 pm (UTC -7)
This letter is regarding Chase Mortgage unfair trade practices and predatory lending practices, failed to disclose that the loan obtained had an interest rate higher than stated in the preliminary disclosures and which preliminary disclosures were never given, false representation of the settlement agreement, missing statements, taking my mortgage payments ?not applying it correctly, no original note on property from Bank of America and establishing an illegally escrow account to create fraudulent foreclosure procedures. Also, Clark County Treasurer is illegally sending my payments back to me in order to cause a late fee and report false information to Chase Mortgage. This is causing Chase Mortgage to pay fees that have already been paid to create an illegal escrow account.
This loan was originated in February 1989 for $100,300.00. Payments have been $925.00 to $1100.00 a month from 1989 to 2004 (paid over $190.000.00 as of today). I have never taken out equity or borrowed against my loan. Chase bought loan from Bank of America in 1999 and the incorrect balance was about $98,000.00. That means only $21,207.00 have been applied to the balance ($53,000.00 -today). Also, loan has been bought over seven times since 1989. It appears the balance was not correct and this is unfair trade practices.
On November 29, 2011, I went into the Clark County Treasurer?s Office and asked why I could not get a correct statement. After approximately eight months of not getting statements, telephone calls and certified letters to get statements of where my monies had been applied and the balance of my property taxes. Linda Howard did not have an answer. I paid the balance $881.75 and wrote a statement that I do not have an escrow account with Chase Mortgage. Later, I find out that Chase and Clark County Treasurer?s Office were keeping the balance from me to create an illegally escrow account to charge me over $4800.00 for property taxes. I have not had an escrow account since 2004 when I refinance the loan. My property taxes are $1173.00 instead of $1800.00. Now when I send a payment in to Clark County Treasurer –sometime it is kept and sometime is sent back to me. The last property tax payment was paid on March 7, 2011 but states January 6, 2011on statement (see attached).
On December 8, 2010, I submitted two mortgage payments ($641.02 + $641.02=
1282.04) and specified that it was two different payments but Chase Mortgage did not apply payments correctly. This is creating illegal grounds to start fraudulent foreclose procedures. There are three different ways the money was incorrectly applied. According to Clark County Treasurer?s Office my property taxes were already up to date. Therefore, Chase Mortgage has developed an illegal escrow account for property taxes.
On March 8, 2011, I requested a Qualified Written Request due to not receiving statements as to where my money is being applied (see letter attached). Also, I do not have an escrow account and Chase Mortgage is requesting 399.00 to be illegally added to my mortgage payment. I have not received a written response acknowledging receipt within twenty business days of a ?Qualified Written Request? for information relating to the servicing of my loan. Chase Mortgage did not perform an escrow analysis when establishing an escrow account, no initial escrow statement was given to me within forty-five days after the escrow account was established and no explanation of how any surplus is being handled.
On March 8, 2011 I have requested a payment ledger from 1999 to present (written qualified request) of where payments are being applied but on April 11, 2011 I received only a payment ledger for 2008 only.
Chase has ignored my qualified written request. Please investigate.
rich
May 21, 2011 at 9:48 am (UTC -7)
Chase added a escrow to my mortgage I was delinquent in tax only 6 months. Harris county let you got 3 years b4 they consider legal action. Long story short I have the money to pay off all the taxes but Chase wont remove the escrow account. Isa there any legal council that handles this. This is a CONVENTIONAL loan. I live in Texas if there is a way to use homestead laws to resolve this? My payment is 2.5 times as much any I will have to sell or lose this property. Please contact with help.
Chase-Sucks.org » RESPA
April 15, 2010 at 2:35 pm (UTC -7)
[...] The Real Estate Settlement Procedures Act provides guidelines that must be followed in the settlement of a real estate transaction, including and especially loans. If you feel that you have been mistreated by Chase with respect to the closing of your loan with them, you can read about RESPA here and read about how to file a RESPA violation complaint here. [...]