Old 01-14-2009, 10:43 AM   #1 (permalink)
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Problems with fees after loan mod

Our loan was modified in Oct 08 with Homecomings--when we received our docs the approval letter indicated a breakdown of costs and a down payment amount. The mod included a new interest rate and new princaple balance (30K was added to the front of the loan), also an escrow account was set for property taxes. The breakdown of costs included interest, late fees, title charge, escrow shortage and corp advance, then there were fees listed as "less capitalized amount", "less remaining balance" and "less suspense balance" the difference was the amount of our down payment--the problem is homecomings is now saying my escrow account is short, my statements have late charges on them and when I call no one seems to give me an answer. I was on the phone last week for over 4 hours when I finally got in touch with a "loan mod supervisor" who told me I was reading the breakdown of costs incorretly--she told me I didn't understand banking terms and that just because something was lised as "less" it really meant add to the back of the loan--I told her that this is not how the infomation was disclosed to me--she got fed up and transfered me to a guy took my phone # and said he would look into it and call me back--that was a week ago Monday--the guy did call on Friday to say he was still researching it and would get back to me--my question is Were do I go from here--is this bank in violation of TILA?? Any advice would be greatly appreciated.


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Old 01-14-2009, 11:11 AM   #2 (permalink)
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Re: Problems with fees after loan mod

When you receive loan mod docs that are not understandable, you should sit down with a real estate attorney to go over them with you.......the lingo is very hard to understand and you need to know what you are signing.............they should be able to explain what the charges are for. This wouldn't be in violation of TILA because this is a modification....TILA is enforced with new loans and refinances.
You can also call and complain to Homecomings Coporate office and the parent company GMAC's coporate office as well.

GMAC Corporate Office
1-215 682-1000

Homecomings Financial Corporate Office
1-800-206-2901
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