It is a fact that mortgage lenders make mistakes. Those mistakes often result in homeowners paying more than they are supposed to. There are also many homeowners who are being foreclosed upon that have been victims of mortgaging servicing abuse. The lawyers at Levitt & Slafkes, P.C. are skilled in the legal tools that are available to challenge these illegal practices.
Using Regulation X of the Real Estate Settlement Procedures Act (RESPA), Regulation Z of the Truth in Lending Act (TILA) and other federal and state law remedies, our attorneys have successfully fixed lenders’ mistakes and, in some cases, obtained damages from the lenders and reimbursement of attorney fees.
The following are some of the common abusive mortgage servicing practices that we have seen.
- Not timely crediting payments to borrowers’ accounts resulting in unauthorized late fees and other charges.
- Failing to property apply mortgage payments.
- Failing to properly account for your mortgage payments.
- Charging fees not authorized by contract or allowed by law.
- Failing to properly process applications for loan modifications, short sales and deeds-in-lieu of foreclosure.
- Proceeding with a foreclosure when a loan modification application is pending.
- Refusing to abide by the terms of loan modification agreements.
- Making borrowers start over in applying for a loan modification when loan servicing is transferred.
- Improperly placing expensive force placed insurance on properties.