Received a loan mod w/ASC, now after paying since 2/10, they want us to pay "recon and inspection fees" Any advice?

[cniel89]

We received a loan modification in January 2010. The first new payment would be due February 1st. (2% fix for 30yrs) I am so happy with this mod, but so frustrated with all of the collection calls because ASC says we are not current. (We were behind 3 months before we got the mod, but we have made EVERY payment with the mod.) There is nothing in the loan modification docs that states we owe these fees which total approx $2200. And we have yet to receive a bill for the fees stating the exact line items and amount, this amount is just on our statement as a delinquent "payment". We have made several calls and have had no luck resolving the issue. Can anyone tell me if these fees are legitimate? Am I responsible for paying them, even thought the loan modification is a done deal and it was not in the documents? Thank you in advance!

[Maurice Bedard]

The loan mod only changes the terms described in the mod. If the fees are not included in the mod, but are legitimate fees, you may owe them. A HAMP mod would have explained what was added to the loan, and what the new terms were. But you deserve some documentation of what the fees are for. Send a QWR- and tell them it is a qualified written request for information about what the charges are for. They have to reply by law(RESPA law) and if they don't you can sue them for $1000. Just mail it and get a signed receipt. If they don't reply, do it again. Each non-reply should earn you another $1000 if you take them to small claims court. You can also email the servicing dept the same request, they may even acknowledge receipt by email, and this wil work better than a phone call. The email request won't qualify as a QWR, but may still work. I would bet that theyare legal fees since you were 3 months behind, which generally triggers more expenses.