HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-26-2006, 11:08 PM
Member
 
Join Date: Nov 2004
Posts: 37

Changing Mortgage Closing Terms


What is the name of your state? Nevada

Last year Countrywide bought our loan from another company. In our closing documents, Section 5, it explains the Annual Maintenance Fee. It states it is $100 per year, unless two conditions are met, then it is waived. The conditions are maintaining a minimum balance and not making any late payments, both of which we met.

At the 1 year point Countrywide just went ahead and withdrew the $100, disregarding the whole term of "waived". I have spoken to them on the phone, emailed them and sent a qualified written request. They have refused to refund the $100 and mailed me a copy of my documents, which have the whole waived line on there, but did not explain how they are able to get away with still taking it.

Anyway, I would like to know who you can complain to about this? I know that mortgage companies can not change the closing terms on the original documents, which is what they have done. Is there an organization who enforces these rules?
Reply With Quote
  #2  
Old 06-27-2006, 01:32 PM
Senior Member
 
Join Date: Dec 2005
Posts: 20,711
Quote:
Originally Posted by asylum23
What is the name of your state? Nevada

Last year Countrywide bought our loan from another company. In our closing documents, Section 5, it explains the Annual Maintenance Fee. It states it is $100 per year, unless two conditions are met, then it is waived. The conditions are maintaining a minimum balance and not making any late payments, both of which we met.

At the 1 year point Countrywide just went ahead and withdrew the $100, disregarding the whole term of "waived". I have spoken to them on the phone, emailed them and sent a qualified written request. They have refused to refund the $100 and mailed me a copy of my documents, which have the whole waived line on there, but did not explain how they are able to get away with still taking it.

Anyway, I would like to know who you can complain to about this? I know that mortgage companies can not change the closing terms on the original documents, which is what they have done. Is there an organization who enforces these rules?
Were any of your payments posted late? In other words do they show them posting AFTER the due date even if you mailed them before the due date?
Reply With Quote
  #3  
Old 06-27-2006, 01:34 PM
Senior Member
 
Join Date: Nov 2005
Location: South Cackalacky
Posts: 14,795
And a payment made within a grace period is stilll considered late.
Reply With Quote
  #4  
Old 06-28-2006, 10:02 AM
Member
 
Join Date: Nov 2004
Posts: 37
Hello, no they never were. I have the auto deduct, which they take on the day it's due. But I asked them about that and they did not have any as late. And the min. daily balance I had to have in there, I'm over that by $26,000.
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 02:31 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.