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  1. #1
    Junior Member rippedoffbybank's Avatar
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    Jul 2012
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    2

    Chase is pure fraud.

    Chase began servicing my loan in 2010. It was originally with Washington Mutual.. until they took the taxpayer's money, and went together with Chase. In Dec. 2004, I found out from a friend my home was listed in the paper for foreclosure. I had no idea what was going on, and had not had any contact with WaMu. I called and was informed that my now exwife had not been making payments. I agreed to a repayment plan of a lump sumin Dec. 2004, and then double payments beginning Jan. 2005. I sent all the payments on time, just as agreed, Jan. through July. I was asked in July 2005 to make a second double payment, and then one more in Aug. 2005, to pay fees, and then my loan would be current and removed from loss mitigation. I made the payments, and was told that the loan was again current, and I would begin sending my payments, at the original amount, to the normal WaMu payment center. My payments have always been on time since that time, and my loan has always been reported as current. During the ten year period I have had this loan, which was originally for $74,500, I have paid $100,000. I have asked numerous times for an adjustment to my interest rate, but was always denied. I am currently paying 11.5%! I began paying extra on the loan over a year ago to try to pay down the principal. I then noticed that instead of it going to principal, it was going to corporate advance. I called and questioned that, and was told that I still owed fees. I explained that those fees had been paid in full (5 years before Chase was in the picture), and requested a payment history. They sent me a payment history, showing no payments for 2004, 2005, and 2006. I then sent another request, and in it included my tax returns showing WaMu's tax form to me, showing I had indeed paid them those years. I then received a letter showing what I "would" have paid, but not an "actual" history. I then called again, last week, and explained the entire situation again. I went to another bank to apply for refinance, and was told my payoff, after sending over $100,000 on a $74,500 loan, was $74,000!!! Today, 7/28/2012, I received a letter as follow up to my call last week. It shows fees being assessed in 2004, but still no payment history. Nothing showing all the double payments, nothing showing the lump sum, nothing showing the four payments in July 2004, just saying that I agreed to a repayment and didn't follow through. This is complete FRAUD! I need help.

  2. #2
    Junior Member rippedoffbybank's Avatar
    Join Date
    Jul 2012
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    Also, in the letter they sent me, they are threatening me to pay the fees in full, and to contact the collection department! Still no payment history. They are also saying that fees that I paid in 2005, and the extra that I have sent the last year and a half, were reversed from fees, and placed in unapplied funds. I don't even understand where that mythical land is, but it's money I paid, and they kept. I want proof where it all went. How much does this bank have to steal from someone?

  3. #3
    Mortgage Wars Cat Damiano's Avatar
    Join Date
    Sep 2007
    Location
    Colorado
    Posts
    9,949
    Hi rippedoff,


    Welcome to the forum and thank you for joining............


    In order to get the full information that you are requesting, you need to send a formal QWR and not ask for this information over the phone.

    In that letter demand your Life of Loan History, Copy of Note, Deed of Trust, Riders, all Assignments of the Deed of Trust, TIL, Right of Rescission (if refi), Lender Final HUD-1, Copy of Initial Loan Application and Final Lender Loan Application, all Disclosures and all Loan Documents in your file, Copy of Appraisal.


    The following is a sample qualified written request from you, the borrower, to a lender. Use this format to address complaints under the Real Estate Settlement Procedures Act (RESPA). Be sure to read more about RESPA, and your rights under this Act, elsewhere on the RESPA site.

    Attention Customer Service:
    Subject: [Your loan number]
    [Names on loan documents]
    [Property and/or mailing address]

    This is a "qualified written request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA).
    I am writing because:

    • Describe the issue or the question you have and/or what action you believe the lender should take.
    • Attach copies of any related written materials.
    • Describe any conversations with customer service regarding the issue and to whom you spoke.
    • Describe any previous steps you have taken or attempts to resolve the issue.
    • List a day time telephone number in case a customer service representative wishes to contact you.

    I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.
    Sincerely,


    [Your name]



    REMEMBER: This letter SHOULD NOT be included with your mortgage payment, but should be sent separately to the customer service address.



    You SHOULD continue to make the required mortgage and escrow payment until the request is resolved.
    You may bring a private right of action under Section 6, if you suffer damages due to the lender's servicing of the loan. See the RESPA statute and regulations.


    You can also file a complaint with the government agency that regulates the servicing agent. Here are web sites you can use to contact these agencies:

    For national banks, OCC: Consumer Protection.
    For state-chartered banks and savings and loans, http://www.lendingprofessional.com/licensing.html.
    For mortgage banking firms, AARMR - General Members.

    If you don’t know the proper agency, you can send the complaint to the Consumer Protection Division of the state Attorney General. It will forward it to the relevant state or Federal agency.
    Best Regards,

    Cat Damiano
    LoanSafe.org Moderator

    The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.

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