Old 02-26-2008, 05:31 PM   #1 (permalink)
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HomEq and coupons/monthly statements

Does anyone know why HomEq fails to send out monthly statements and/or coupons? Is this a HomEq quirk, or do other serving companies follow suit? More importantly. is this a violation of RESPA or some other mandate to provide monthly accounting? Thanks.


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Old 02-26-2008, 05:41 PM   #2 (permalink)
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Re: HomEq and coupons/monthly statements

Did you sign up for online access. Sometimes lenders stop sending statements if you do that, since you can download them online. Did you try calling them?
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Old 02-26-2008, 06:01 PM   #3 (permalink)
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Re: HomEq and coupons/monthly statements

Weird, even with on line they are still so paranoid about collecting their doggoned money you would think that they are prone to send a written statement. Odd, not sure if it is RESPA violation, kind of doubt it since they do not address that sort of nitty gritty details, they are more concerned about what the servicer does with the money and how they apply it to your account after they get it.

Ah heck you made me go look up the abreviated RESPA rights.....the long ones are really, really long. Nope not required to send monthly bills and coupons.....Hot off HUD website:

Your Rights and the Responsibilities of the Mortgage Servicer

When you apply for a home mortgage, you may think that the lender, or loan originator, will service the loan until it is paid off or your house is sold. However, in today's market mortgage servicing rights often are bought and sold. The Real Estate Settlement Procedures Act (RESPA) is a consumer protection statute. Sections 6 and 10 of RESPA provide you with certain rights regarding the servicing of your mortgage and escrow account. Please read this important information concerning your rights and the responsibility of your loan servicer.

Duty of Loan Servicer to Respond to Complaints. If you have questions or problems with the servicing of your loan, the servicer is required to respond to you. Write to your servicer and call it a "qualified written request under Section 6 of RESPA." It should be a separate letter and not mailed with your payment. The mortgage servicer must respond to you within 60 business days of receipt. (See Sample Written Complaint to Lender.)

Loan Transferred to New Servicer. Your loan servicer is required to notify you in writing at least 15 days before the servicing of your loan is transferred to a new servicer. The notice must include the following information:

* The effective date of the transfer, the date your current servicer will stop accepting payments and the date the new servicer will begin accepting them.
* The name, address, and toll-free or collect call telephone number for the new servicer.
* Information that tells whether you can continue any optional insurance, such as mortgage life or disability insurance, and what action, if any, you must take to maintain coverage.
* A statement that the transfer of servicing does not affect any term or condition of your mortgage documents other than the terms directly related to the servicing of the loan.

Treatment of Payments During Transfer Period. During the 60-day period beginning on the effective date of the transfer, the payment may not be treated as late if you mistakenly send it to the old mortgage servicer instead of the new one.

Escrow Account. RESPA does not require that you maintain an escrow account for the purpose of paying property taxes, hazard insurance, etc. Nor does RESPA have any jurisdiction over the decision of the lender or servicer to require or terminate an escrow account. RESPA does, however, provide you with the following protections with regard to the escrow account:

* If your lender or mortgage servicer requires you to maintain an escrow account for the purpose of paying property taxes, hazard insurance, etc., RESPA requires that the servicer pay such items by the dates due to avoid a penalty or late charge.
* RESPA sets limits on the maximum amount of money the servicer may require you to maintain and pay in the escrow account. (More information about escrow accounts, including how to calculate the maximum amount RESPA allows the lender to require in the escrow account.)

PMI (Private Mortgage Insurance). RESPA has no jurisdiction over the lender's decision to require PMI. Nor does it have any jurisdiction over the lender's decision to cancel PMI. (The PMI Act provides information regarding cancellation of PMI.)
 
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Old 02-26-2008, 07:19 PM   #4 (permalink)
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Re: HomEq and coupons/monthly statements

Thanks for your responses, guys. HomEq says on their website that in order to access their online system and my account, an access code found on the back of the monthly statement must be used. Of course, they don't send out monthly statements, so we are into a circular argument. Don't even get me started on trying to call and get information over the phone with their reps.

Meanwhile, I am waiting for my QWR. I'll keep you posted on the outcome of their tacking on almost 9K in fees and forced placement insurance.
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Old 02-26-2008, 08:14 PM   #5 (permalink)
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Re: HomEq and coupons/monthly statements

OH come on you don't want to be adventurous and call in just to see what kind of interesting tale that they will tell you about that mysterious disappearing payment coupon....just think it could be extremely amusing....

Now where is your spirit of adventure....
 
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Old 03-07-2008, 04:59 PM   #6 (permalink)
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Re: HomEq and coupons/monthly statements

I get a statement from HomEq every month, so they will send out statements. Did you call them and see what they had to say?
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