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Article #5880

Mortgage Co. screwed up transfer

#5880
From: Mark Haythornthwaite
Date: Tue, 06 Jul 1999 00:00
34 lines
2632 bytes
As I am not interested in being sued for anything, I have changed the
names to protect the stupid.

I got a loan through a broker from Lender X. In May I was told that my
loan was sold, and I would now be dealing with Company Y. So for my June
1st payment I called Company Y and found out that although the loan was
not set up yet, I could send in my payment with my Social Security
number on it, and once the loan was officially in their system the
payment would be credited to my account.

Two weeks later I got another letter from lender X, saying that
effective June 1st (letter dated June 16th) my loan was being
transferred to Company Z. I immediately called the lender and said "Hey,
my last payment went to Company Y". They said not to worry, Company Y
will send the payments received either back to them or to Company Z, the
correct loan servicer. It had been a big screwup that was not their
fault, but of the investment firm that bought the note. Company Z said
the same thing, and when I asked about my July 1st payment, I was told
"Don't send it in, wait until we notify you with the loan account number
and remittance address."

Today I received a check from Company Y refunding me for my June 1st
payment. According to the Real Estate Settlement Proceedures Act (12
U.S.C. 2605) I am not late on a payment if I send a payment to the old
servicer. Yeah, great. But I sent it to the "new" one, who was actually
the "wrong" one. Am I screwed?

If I get forclosed on I will sue X,Y and Z, probably the Mortgage Broker
and the real estate agent. But what the heck can I do now to get this
straightened out?

Anyone able to help?

Mark
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From: Mark Haythornthwaite <nospam@sfbay.net>
Subject: Mortgage Co. screwed up transfer
Date: 1999/07/06
Message-ID: <3782E40A.7FF7@sfbay.net>
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