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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
~beenawhile
I'm Looking for help with F. D. C. P. A. / FAIR DEBT COLLECTIONS PRACTICES ACT
Rules & Regulations.

I cannot find the "CODE" needed to site an immediate letter to the Servicer.

Please understand that a Q. W. R. DOES NOT & WILL NOT WORK IN OUR SITUATION.

The website for the FAIR DEBT COLLECTIONS PRACTICES ACT, says that we may write a letter to the Servicer. So we have done so!

I remember seeing that the SERVICER has 20 days to respond to our Letter. Although I cannot find that webpage now. To "clarify & reitterate" that the 20 days is true.

What I need to know is the following:

1. Am I correct on the 20 days?

2. Is this 20 day response period, 20 BUSINESS DAYS?

3. Is this 20 day response period 20 DAYS INCLUDING WEEKENDS?

4. Is this 20 day response period 20 DAYS INCLUDING/ CHRISTMAS, & NEW YERS DAY?


A letter was received by them in early December, which would now put them at the 20 day period "MAYBE"

In the "DEFAULT" LETTER I will be typing up, I need to know what RULE, CODE or REGULATION the 20DAYS RESPONSE IS.
So I can cite them for their failure to respond accordingly.

I've searched this site & found a page with too many posts to sift through for the immediate actions that I need.
Thank You for the Help!
Quote 0 0

http://www.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15_10_41_20_V.html

Quote 0 0

You have Sections1692 (FDCPA) and Section 2605 (Servicing of mortgage loans and administration of escrow accounts) confused with one another.  Section 2605 is where a QWR comes into effect.  They have 20 calendar days to acknowledge receipt of your QWR and 60 calendar days to make a response.  I do not believe 1692 says much about timing other then you must dispute the claim within 30 days.

 

Here is the link to Section 2605:

 

http://www4.law.cornell.edu/uscode/12/2605.html

 

Hope this helps

Quote 0 0
FAIR DEBT COLLECTIONS PRACTICES ACT

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act

http://www.expertlaw.com/library/consumer/fair_debt_collection.html#8

http://www.pennlawyer.com/fdcpaprint.htm

Email me if I can help you in your research.

aholden@neo.rr.com

Ann

Quote 0 0
~beenawhile
Nunya, WTG, Ann,
Thank you all for the information.
WTG, I think you are correct that I was confused with response dates.

Here's the deal though.
today I called the FDCPA/FTC was told that I cannot file any actions against my SERVICER for failure to provide me with the appropriate Account History Pages.

I was told that The SERVICER is NEVER a third party Bill Collector and therefore, a civil suit in small claims DISTRICT COURT cannot be brought against them.

I have been writing to them based upon, F.D.C.P.A. letters since we were denied the opportunity to write to the Servicer through a Q. W. R.
Confusing: Yes I know.

At this very moment I am at a loss as to what to do to hold this "current" SERVICER accountable for their failures, negligence, and misrepresentations of the "Good Faith" & "BEST PRACTICES" they should be using within the SERVICING of our loan.

Again, thanks all for the help, I didn't find what i was looking for which proves you're correct I was confused~bummer!

Quote 0 0
nunya
http://financialservices.house.gov/media/pdf/061404mm.pdf

Look at the Schlosser v. Fairbanks opinion out of the Seventh Circuit.  I don't see how you can resolve this with your statement.
Quote 0 0
Write a reply...