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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JohnH
Servicers  apparently don't have to send a RESPA notice of transfer of servicing to the correct mailing address of the borrower. All they have to do is say that they are not in possession of any of the pertinent information regarding the correct mailing address, the prior servicer or lender has all that part of the file, the servicer only has the information needed to service the loan.

Any letters from the borrower changing their mailing address, or any stipulation of mailing address at closing, are NOT forwarded to the new servicer!

Wagner v. EMC is one case that deals with that. Because Wagner's letter stayed in the file of the lender, the notice of transfer was never received.

Wondering how 'constructive' notice of mailing address fits in. Any other cases dealing with this issue would be helpful, thanks for any input,

 John.

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The Equitable One
A reading of the underlying case you mention would help anyone wanting to comment on this. Thus including a proper case citation, or better a link to the case, would be helpful.
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JohnH
Sorry, here's a link to the case

http://scholar.google.com/scholar_case?case=7287151035896503451&hl=en&as_sdt=2&as_vis=1&oi=scholarr

John

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arkygirl
Quote:
Servicers  apparently don't have to send a RESPA notice of transfer of servicing to the correct mailing address of the borrower. All they have to do is say that they are not in possession of any of the pertinent information regarding the correct mailing address, the prior servicer or lender has all that part of the file, the servicer only has the information needed to service the loan.


The biggest question is how does anyone anywhere "service" any loan LAWFULLY without a proper correct mailing address in the first place? Why wouldn't such a vital bit of information be given to a new "servicer" in the first place rather than being withheld by a previous "servicer" or the lender? What is to keep a "servicer" from keeping all sorts of vital information (such as 1099 tax forms, etc.) in a file under this argument?

It is another specious claim by "servicers".  "Servicers" love to go into courtrooms and loudly expound on their own profound ignorance using that as a "defense". At some point a judge with common sense must ask one of them how they can do their supposed jobs under such conditions and declare that some companies are just too damn dumb to remain in business!

(Amazing how "servicers" can acquire your unlisted land line and cell phone numbers so they can call you seventy times a week to harass you for supposed late and missing payments, isn't it?  Then they will acquire your mother's phone number, your kid's phone number and your neighbor's phone number to call and harass them as well. Mailing addresses are usually available from the same sleuths who are getting the phone numbers for them...DUH!)
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JohnH
From the 'Regulation X' part of RESPA, it appears that the lender has to look at the loan application or other docs signed at closing for a mailing address, wondering if that includes servicers, check this out:

http://docs.google.com/viewer?a=v&q=cache:KgiaEQR4mLsJ:www.buckleysandler.com/documents/Rodriguez_v_CHL.pdf+wanger+v+emc+court+case+respa+address+notice+servicer&hl=en&gl=us&pid=bl&srcid=ADGEESgm7tMZbX_ORp5oo5aNU3OliyQ6JxKjcPreEDOcRSl51LDCjFeMDWioomK2SElKYu6sodqIbvcc4op4eWqTHPkmJWIE16nmxchq5RKujWoR-mzu43ypG5aYlpQvK9oXVlk7rLFb&sig=AHIEtbSLvkseQsxpI-jyp9RByXt5bCRdng


JohnH
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