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Can Mortgage Servicing Companies Foreclose a Property?

Mortgage servicing companies usually initiate foreclosure proceedings. Foreclosures occur when homeowners fail to make monthly mortgage payments. There are three servicing companies that are involved in foreclosure actions.

The master servicer, or the first servicer, is responsible for overseeing servicing operations and other companies involved in foreclosure proceedings. The next one, called the sub-servicer, is who homeowners maintain contact with during mortgage payments because they collect the mortgage payments from borrowers. They are also responsible for paying homeowner insurance and property taxes. The third one is called the special servicer. Special servicers come into action when homeowners cannot pay for their mortgages. The third one usually begins the foreclosure process. Late payments for 60 days will result in foreclosure proceedings. The special servicer may contact an attorney to foreclose the property.

There have been instances of fraud on the part of servicers and it is very important to know how to defend one’s property from foreclosure proceedings. One can easily become a victim of foreclosures because it may be possible that mortgage servicing companies can push a borrower to the limits and end up in a foreclosure.

Mortgage servicing companies are usually paid monthly based on the monthly payments of a borrower. They may resort to calling you many times in a day to collect mortgage payments. Servicers do not get anything from helping borrowers. They get paid when borrowers pay. They also get a huge incentive from late payment charges. Charges earn these companies big amounts of money.

These servicing companies can help mortgage companies by helping them collect payments and administer accounts. However, these companies are paid huge incentives to collect payments and institute foreclosure proceedings. One can fall prey to foreclosure proceedings easily because of late payments.

The best defense against foreclosure proceedings is gaining enough knowledge about foreclosures. There are different strategies and methods of avoiding a foreclosure. To stop mortgage servicing companies from initiating a foreclosure against your property, you must be armed with enough knowledge about foreclosure proceedings. It is a not a good thing to fall prey to servicing fraud. Your home is not the only thing on the line. Even your credit score and eligibility to get a loan can be damaged.

Moe BedardAbout Moe Bedard
I am the founder of LoanSafe.org, LoanWorkout.org and CEO of MoeSeo Inc. My work has been featured in the New York Times, LA Times, Fox Business and many other media publications. My goal is to help people with my websites and restore hope through the internet. I was born and raised in Southern California and currently reside in Temecula, California with my wife and five children.

Comments

3 Responses to “Can Mortgage Servicing Companies Foreclose a Property?”
  1. adren jarrid says:

    Last year we were straight ripped off by a loan mod company that left us with no one to talk to at all after taking our $2699. We started with a new company that demonstrated a more professional structure and again paid them $2800 up front. We have been working with them for 8 months by submitting and resubmitting updated bank statements, pay stubs, expenses information. We were most recently told that WAMU is backed up because of many, many applications and the fact that they are changing over to the CHASE system. As I mentioned in my note to the attorney, we desperately want to keep our home, we could afford our home with a reasonable modification. We are current with our insurance and taxes.

  2. Suzanne says:

    I tried to get a loan modification using Acorn Housing because I didn’t know who or what had happened to my loan for six months I couldn’t find out. After giving the same info over and over American Home Mortgaging Services offered me another preditory loan. Now they are asking me to Short sale. What I’m wondering is how soon can I purchase another home after either forclosure or short sale, or bankrupty? Which is the best to do?

  3. dwill3423 says:

    If you go through with the foreclosure it will take between 3 to 5 years to get another mortgage. If you do the short sale it should only take one year depending on how the rest of your credit looks.

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