REAL ESTATE SETTLEMENT PROCEDURES ACT
The Real Estate Settlement Procedures Act ("RESPA") is a federal statute that governs the ownership of mortgage loans and servicing of mortgage loans. The following is a partial list of areas governed by the statute:
- The collection of mortgage loan payments
- The application of mortgage loan payments to interest, principal and escrow
- Loss mitigation and modification of mortgage loans
- Adjustment of interest rates on adjustable rate loans
- Notices to borrowers when servicing of a loan changes
- Qualified Written Requests- a process by which a borrower can obtain information about ownership and servicing of their loan
- Notice of Error- a process by which a borrower can notify the loan servicer of problems with the loan
RESPA is an incredibly powerful tool that can be used to correct loan servicing errors and to obtain loss mitigation assistance for struggling homeowners.
DAMAGES FOR THE CONSUMER
When a consumer proves a violation of RESPA, the consumer is entitled to actual damages, costs of suit and reasonable attorneys fees. If the consumer can prove the loan servicer engaged in an ongoing pattern and practice of violating RESPA, the consumer is entitled to up to $2,000 per violation of the statute.
WHAT CAN NORTHEAST LAW GROUP DO FOR YOU?
When used correctly, RESPA is one of the most powerful statutes accessible to homeowners. When the bank misapplies funds, overcharges you, or commits another error that causes you aggravation and loss of money, RESPA can be used to place the bank on notice and then take them to court if they fail to quickly investigate and correct the problem. If you are struggling to make mortgage payments and have been denied for a loan modification, RESPA can be used to determine if you were wrongfully denied. Adam Deutsch of Northeast Law Group has successfully used RESPA to obtain loan modifications for homeowners and to obtain money for homeowners who were overcharged and/or had their money misapplied to their home loan.
If you or someone you know is the victim of abusive debt collection practices, contact Northeast Law Group for more information. Our representation is affordable and effective, putting the consumer first.