...Whats going on?
We were about to send a QWR when we read Litton was closing. Then, received notice of transfer to Ocwen as of 9/1. In 2009 Litton ignored our notice to cancel, we did not pursue those claims for lack of legal representation.
This isn't legal advice - but what do you mean when you say "notice to cancel?"
Thank you for the reply Moose. We sent notice of our right to cancel the mortgage. Litton and the lender did not respond winthin 20 days. They both eventually responded, Litton claimed that any complaints regarding orgination were the reposibility of the lender, and that the mortgage was still enforceable. The lender's response stated that our request would not be honored because there was nothing wrong with the loan! They both brushed off the Rescission notice probably betting we wouldn't know what to do? They were correct, and since no attorney was interested we did not pursue any further action.
Litton did not send us proof of the debt or their claimed ownership, disclose the owner etc, and now they have been cooking the numbers on our account in recent months. We don't know what to do because law firms seem to only take an interest in foreclosure defense and we are not late or behind.
Get a QWR with certified, return-receipt mail into BOTH Litton and Ocwen. that at least sets a date to start the clock and puts Ocwen on notice that one of the loans they're boarding is with an aware borrower. If they answer, it establishes their written response to the issue.
I don't know what the QWR should say. According to the ammended RESPA, it's directions just describe the complaint and any supporting evidence. I have seen recent models of RESPA QWR's that go to much greater depth in demanding full acounting and absolute proof of ownership. Now that Litton has violated RESPA in their accounting of our loan, I believe we are entitled to make these demands, I just have no idea what exactly I should be requesting so that this is just a waste of time.