Delayed payoff from Settlement Company

[channonh]

My internal refi with Countrywide (meaning the old & new loans were both with Countrywide) was funded on a Wed afternoon, and thus I was charged interest on the new loan beginning on that day.

The settlement company, ServiceLink, said they received the proceeds on Thurs. But, they did not initiate a payoff of the old loan on Thurs. On Friday they paid off the old loan, but by sending a CHECK instead of a wire, and thus Countrywide did not receive the payoff until the following Monday. As a result, I was left paying interest on both loans for a 4-day period, totaling $302.

At the time of the loan application, I had selected a different settlement company, as it was my understanding that it was my legal right. But Countrywide told me that I had to use ServiceLink, end of story.

My new loan was for a smaller amount than my old loan, so I had to fund the shortfall. When I received the final HUD-1 indicating the shortfall amount I needed to fund, there was a multi-day period for interest on both loans. Countrywide told be they "have to pad these things, you'll receive a check for the extra interest once everything settles."

I talked to ServiceLink about why they sent a check instead of a wire, and why if they were going to send a check they had not done so on the Thurs for receipt on Fri, and they said "because there were sufficient funds in escrow to cover the interest over the weekend." That is, specifically because of the padding that they or Countrywide built into the HUD-1, they felt they could piss through my money. Further aggravating me, the payoff demand in the closing documents was only through that Sunday -- meaning ServiceLink missed the payoff demand date.

Countrywide, now Bank of America, is ignoring me on this issue. I want the $302, plus interest, refunded. I have not been able to get anything out of them than a stupid, "well, gee, let me see... that doesn't seem right... I'll look into it." But it has now been 2 months. This inaction is not surprising, given they were inactive morons during the entire refi process, and it was incumbent upon me to prod them along daily.

I see the situation this way:
1. I was forced to use ServiceLink by Countrywide.
2. ServiceLink did no perform properly (by the payoff demand date), quickly, or in my best interest.
3. As a result, Countrywide received an ill-gotten gain -- the interest on both loans for a 4-day period.
4. As a result, ServiceLink enjoyed the interest earnings on the new loan proceeds for that 4-day period.

That is, based on this business arrangement, they both profited at my expense. This seems like a clear violation of the spirit, if not the letter, of RESPA.

What kind of recourse do I have? This is "only" $300, a significant amount of money, but not enough to engage a lawyer. But, if Bank of America is ripping off everyone in this way, and it is a violation of RESPA (treble damages), it could be a whopper of a class-action suit.