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Mortgage Servicer asserts that I missed a payment and keeps tacking on late fees even though I have never missed a payment.

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jimmy67

New member
What is the name of your state? Virginia

My Mortgage Servicer advises that I missed a payment and has been tacking on late fees like the title says.

They are vague and unclear as to when the alleged missed payment was and claim one of the previous mortgage owners advises that I was late. The mortgage owner is constantly changing hands making things even more difficult. Every time myself and my Attorney get any traction on the matter the mortgage gets sold and the account number is changed further complicating things.

Each representative that I speak with asserts that the missed payment was during a different month. I am constantly providing copies of paid checks and bank statements for the moving target. Representatives have claimed that if I provide bank statements etc., they will remove the late payment.

The problem is that I can never speak to the person which makes that promise again and the next rep claims ignorance.

It looks like one way of handling this is via a RESPA letter. However, if I have to go this alone I want as many avenues as possible besides having to go to Federal Court to get this wrapped up. The home in question is on an 80/20 set of mortgages. I am having trouble with the "20 mortgage". I guess this precludes me from effectively complaining to Freddie Mac/Sallie Mae? What about HUD? What about any State protections in Virginia? I have never had good luck with the CFPB and BBB these days. They always seem to find favor with the adverse party which ends up deleveraging me in the end.

My Attorney is on my prepaid legal plan so I generally have to do all of the work for them and they just rubber stamp everything. Other Attorney options here are limited.

I have even asked the Servicer to mark me as 30 days on my credit report since they are so convinced that I have missed a payment so that I can sue for FDCPA or FCRA violations in State Court and to that they respond in writing that I have never been late!

Any ideas what to do here?

Thank you.
 


LdiJ

Senior Member
What is the name of your state? Virginia

My Mortgage Servicer advises that I missed a payment and has been tacking on late fees like the title says.

They are vague and unclear as to when the alleged missed payment was and claim one of the previous mortgage owners advises that I was late. The mortgage owner is constantly changing hands making things even more difficult. Every time myself and my Attorney get any traction on the matter the mortgage gets sold and the account number is changed further complicating things.

Each representative that I speak with asserts that the missed payment was during a different month. I am constantly providing copies of paid checks and bank statements for the moving target. Representatives have claimed that if I provide bank statements etc., they will remove the late payment.

The problem is that I can never speak to the person which makes that promise again and the next rep claims ignorance.

It looks like one way of handling this is via a RESPA letter. However, if I have to go this alone I want as many avenues as possible besides having to go to Federal Court to get this wrapped up. The home in question is on an 80/20 set of mortgages. I am having trouble with the "20 mortgage". I guess this precludes me from effectively complaining to Freddie Mac/Sallie Mae? What about HUD? What about any State protections in Virginia? I have never had good luck with the CFPB and BBB these days. They always seem to find favor with the adverse party which ends up deleveraging me in the end.

My Attorney is on my prepaid legal plan so I generally have to do all of the work for them and they just rubber stamp everything. Other Attorney options here are limited.

I have even asked the Servicer to mark me as 30 days on my credit report since they are so convinced that I have missed a payment so that I can sue for FDCPA or FCRA violations in State Court and to that they respond in writing that I have never been late!

Any ideas what to do here?

Thank you.
How much money are we talking about? Are they tacking a late fee on every month?
 

adjusterjack

Senior Member
Any chance you can refinance the two loans into one? Preferably with a local bank or credit union where it's less likely that the loan will be sold.

If not, I don't know what to tell you.

When I had mortgages decades ago I ended up with a drawer full of documents and letters regarding the constant errors they were making in their accounts.
 

LdiJ

Senior Member
Any chance you can refinance the two loans into one? Preferably with a local bank or credit union where it's less likely that the loan will be sold.

If not, I don't know what to tell you.

When I had mortgages decades ago I ended up with a drawer full of documents and letters regarding the constant errors they were making in their accounts.
I had problems like that too back in the day where they used coupon books. I haven't had that kind of problem since they went to monthly billing.

jimmy67 is it possible that due to a timing issue that they treated one of your payments as an extra payment to principal instead of a regular payment? If they happened to get two payments arriving in the same billing cycle that could explain what went wrong.
 

jimmy67

New member
Any chance you can refinance the two loans into one? Preferably with a local bank or credit union where it's less likely that the loan will be sold.

If not, I don't know what to tell you.

When I had mortgages decades ago I ended up with a drawer full of documents and letters regarding the constant errors they were making in their accounts.
The home will be sold soon, so trying to get this resolved before then. I tried and tried to get it refinanced but no one will touch it. I know the feelings. My file is full of these letters.
 

jimmy67

New member
I had problems like that too back in the day where they used coupon books. I haven't had that kind of problem since they went to monthly billing.

jimmy67 is it possible that due to a timing issue that they treated one of your payments as an extra payment to principal instead of a regular payment? If they happened to get two payments arriving in the same billing cycle that could explain what went wrong.
It is difficult to say. Alot of this started when I got into a tiff with the Original Owner of the mortgage...Bank of America over another issue. Once that tiff legally escalated, they started this mess and decided to bring on a Mortgage Servicer. The Mortgage was then sold several times.
 

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