Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Thank you guys for all your help.

This questions is very simple:

When a new servicer sends you a validation letter, and you have 30 days to respond......

Those 30 days are counted as "calendar days"? or I do NOT count the holidays, saturdays and sundays?

(calendar days are 30 days,

if I do not weekends and holydays, then  are more days)

I live in a judicial state  in the  east coast(I do not know if this affects or not)


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William A. Roper, Jr.
Jose:

This is NOT legal advice.

I believe that the thirty day period you are referring to is that set forth for a response to a Qualified Written Request (QWR) under the Federal RESPA statute.  This is statutory and thirty days means thirty days.

On the other hand, this law has no real teeth as to the QWR deadline.  The servicers simply IGNORE this law with impunity.  When they miss the deadline, you can COMPLAIN to regulatory authorities.  Good luck!  Goldman employees were the single largest contributors to President Obama in the last election.  The administration is totally captive to the interests of the large financial institutions.  It was corrupt Democrats who seized control of FNMA under President CLINTON and orchestrated the financial meltdown, though it developed under President BUSH's watch.  But that is another story.

I want to also clarify that while thirty days means thirty days as to RESPA, that in most states statutes and/or court rules recognize that arbitrary time periods sometimes fall on weekends or holidays.  In many place, the rule is therefore that when the period nominally ENDS on a weekend or holiday that this deadline is extended until the next business day.  There may be some other provision of Federal Law or a definition within RESPA that makes this appicable, I am unsure.  Given the lack of teeth in the law, it is hardly worth the effort to find out.

There ARE also occasions in state or local rules where periods EXCLUDE weekends.  This is most often done where the deadline is exceptionally short.  For example, if there is a duty to serve something three days before a hearing, if weekends are included the material would almsot always act as a surprise when served late on Friday (especially when served by mail).  So while in most case and in most places, a thirty day deadline means precisely that, extended only when the closing date falls on a weekend or holiday, there are definitely some cases where weekends ARE included in the time calculation.  YOU NEED TO CHECK THE TEXT OF YOUR JURISDICTION'S STATUTES AND CIVIL RULES AND/OR TO CONSULT WITH AN ATTORNEY TO BE SURE. 
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