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Can Loan Servicer Refuse to Send Statements?
Will that do any good?
On Tue, Jul 17, 2012 at 8:19 AM, Christine Wilton wrote:
> **
>
>
> Have the consumers send the servicer a Qualified Written Request under
> RESPA that disputes the fact that they do not receive statements!
>
> Christine
>
>
> On Mon, Jul 16, 2012 at 12:37 PM, Kenneth Schwartz kennethjschwartz@yahoo.com> wrote:
>
>> **
>>
>>
>> Client received a Chapter 7 discharge 3 years ago, and has always been
>> current on her prepetition mortgage. The loan was recently sold. The new
>> holder, an outfit in Texas, refuses to send her monthly statements, and
>> will only allow her to pay via telephone. Is there an specific California
>> law that prohibits this? How is she supposed to monitor her performance
>> (and the lender's) unless she at least receives informational statements?
>>
>>
>
>
> --
> Christine A. Wilton, Esq.
> Law Office of Christine A. Wilton
>
> *Office:*
> 5150 Candlewood Street, Suite 17F
> Lakewood, CA 90712
>
> *Mailing:*
> 4067 Hardwick Street, Suite 335
> Lakewood, CA 90712
>
> Office: 877-631-2220
> Cell: 562-824-7563
> Fax: 1-636-212-7078
> Email: attorneychristine@gmail.com
> Web: www.attorneychristine.com
> Blog: www.losangelesbankruptcylawmonitor.com
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Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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Will that do any good?On Tue, Jul 17, 2012 at 8:19 AM, Christine Wilton <attorneychristine@gmail.com> wrote:
Have the consumers send the servicer a Qualified Written Request under RESPA that disputes the fact that they do not receive statements!ChristineOn Mon, Jul 16, 2012 at 12:37 PM, Kenneth Schwartz <
The post was migrated from Yahoo.
Have the consumers send the servicer a Qualified Written Request under
RESPA that disputes the fact that they do not receive statements!
Christine
On Mon, Jul 16, 2012 at 12:37 PM, Kenneth Schwartz wrote:
> **
>
>
> Client received a Chapter 7 discharge 3 years ago, and has always been
> current on her prepetition mortgage. The loan was recently sold. The new
> holder, an outfit in Texas, refuses to send her monthly statements, and
> will only allow her to pay via telephone. Is there an specific California
> law that prohibits this? How is she supposed to monitor her performance
> (and the lender's) unless she at least receives informational statements?
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
*Office:*
5150 Candlewood Street, Suite 17F
Lakewood, CA 90712
*Mailing:*
4067 Hardwick Street, Suite 335
Lakewood, CA 90712
Office: 877-631-2220
Cell: 562-824-7563
Fax: 1-636-212-7078
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
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communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
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be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
Have the consumers send the servicer a Qualified Written Request under RESPA that disputes the fact that they do not receive statements!ChristineOn Mon, Jul 16, 2012 at 12:37 PM, Kenneth Schwartz <kennethjschwartz@yahoo.com> wrote:
Client received a Chapter 7 discharge 3 years ago, and has always been current on her prepetition mortgage. The loan was recently sold. The new holder, an outfit in Texas, refuses to send her monthly statements, and will only allow her to pay via telephone. Is there an specific California law that prohibits this? How is she supposed to monitor her performance (and the lender's) unless she at least receives informational statements?
-- Christine A. Wilton, Esq.Law Office of Christine A. WiltonOffice:5150 Candlewood Street, Suite 17FLakewood, CA 90712Mailing:
4067 Hardwick Street, Suite 335Lakewood, CA 90712Office: 877-631-2220Cell: 562-824-7563Fax: 1-636-212-7078Email:
The post was migrated from Yahoo.
I believe I have found the correct answer:
10 California Code of Regulations, 1950.314.5, provides:
"A residential mortgage lender, residential mortgage lender and services, or
residential loan servicer shall supply its borrowers with statements of account
which show the transactions and current position of the borrower. The
statements of account may show only the transactions for the period covered and
the current positions and must be sent to the borrowers annually."
This seems to require that the statements be sent at least once a year, but I
read it that it must show all payments made and the application thereof during
the year. It would be so much easier on all if they would send them each month.
I still have not found a regulation that deals with the servicer's demand that
payments must only be via telephone, but i am still looking.
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
Telephone: (818) 226-1205
Facsimile : (818) 226-1213
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THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Mon, July 16, 2012 1:01:11 PM
Subject: RE: [cdcbaa] Can Loan Servicer Refuse to Send Statements?
I have this issue also with a client that has received a discharge and now the
lender says that without a reaffirmation agreement, they will not send a
statement on a deed of trust.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
Any tax advice contained in the body of this e-mail (and any attachments
thereto) was not intended or written to be used, and cannot be used, by therecipient for the purpose of avoiding penalties that may be imposed under the
Internal Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
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From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Kenneth
Schwartz
Sent: Monday, July 16, 2012 12:38 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Can Loan Servicer Refuse to Send Statements?
Client received a Chapter 7 discharge 3 years ago, and has always been current
on her prepetition mortgage. The loan was recently sold. The new holder, anoutfit in Texas, refuses to send her monthly statements, and will only allow her
to pay via telephone. Is there an specific California law that prohibits this?
How is she supposed to monitor her performance (and the lender's) unless she at
least receives informational statements?
I believe I have found the correct answer:10 California Code of Regulations, 1950.314.5, provides:"A residential mortgage lender, residential mortgage lender and services, or residential loan servicer shall supply its borrowers with statements of account which show the transactions and current position of the borrower. The statements of account may show only the transactions for the period covered and the current positions and must be sent to the borrowers annually."This seems to require that the statements be sent at least once a year, but I read it that it must show all payments made and the application thereof during the year. It would be so much easier on all if they would send them each month.
I still have not found a regulation that deals with the servicer's demand that payments must only be via telephone, but i am still looking. Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2226Telephone: (818) 226-1205Facsimile : (818) 226-1213THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.From: Desiree Causey <causeylaw@gmail.com>To: cdcbaa@yahoogroups.comSent: Mon, July 16, 2012 1:01:11 PMSubject: RE: [cdcbaa] Can Loan Servicer Refuse to Send Statements?
I have this issue also with a client that has received a discharge and now the lender says that without a reaffirmation agreement, they will not send a statement on a deed of trust. Desiree Causey, Esq.Law Office of Desiree Causey17011 Beach Blvd., Suite
900Huntington Beach, CA 92647 714-375-6663
The post was migrated from Yahoo.
I have this issue also with a client that has received a discharge and now
the lender says that without a reaffirmation agreement, they will not send a
statement on a deed of trust.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
Any tax advice contained in the body of this e-mail (and any attachments
thereto) was not intended or written to be used, and cannot be used, by the
recipient for the purpose of avoiding penalties that may be imposed under
the Internal Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
Please consider the environment before printing this e-mail.
The post was migrated from Yahoo.
Client received a Chapter 7 discharge 3 years ago, and has always been current on her prepetition mortgage. The loan was recently sold. The new holder, an outfit in Texas, refuses to send her monthly statements, and will only allow her to pay via telephone. Is there an specific California law that prohibits this? How is she supposed to monitor her performance (and the lender's) unless she at least receives informational statements?
The post was migrated from Yahoo.