Protecting the Rights of Consumers
For Over 25 Years
Edelman Combs Latturner & Goodwin, LLC
Under federal law (the Real Estate Settlement Procedures Act and Regulation X), if you have a problem with a mortgage loan, you have the right to send the mortgage servicer (the company to which payments are to be made) a “qualified written request” if you need information from the mortgage servicer or a “notice of error” if you believe that it did something wrong. The request/ notice must be sent to the address on the monthly statement for such communications (most mortgage servicers also post it on their websites). Describe in as much detail as you can what information you need or what you are complaining about. We suggest that you send the request/ notice by means providing proof of receipt (certified mail, overnight mail, etc.).
The mortgage servicer is required to acknowledge the request and act on it within specified periods of time. Most importantly, it is not permitted to take action against you with respect to the subject of the request/ notice until it responds. Statutory and actual damages and attorney’s fees are available for noncompliance.
Calling the mortgage servicer does not have the same effect and does not preserve your legal rights. If you discuss a mortgage problem with the servicer by phone, send a confirming notice/ request.
Please contact us if your inquiry / complaint is not answered to your satisfaction. Because statutory attorney's fees are available, we often take such cases without charge to you.