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Nancy
Guzman is an Expert Realtor for the Metro Denver Colorado area, who can
help you decide where to live. Because, Nancy understands finding
your special place means taking in many factors that include accessibility
to work, education and recreational activities. It also includes the
size and style of your home, the style of the neighborhood that will make
you feel more at home. All of these factors must come together to
make your new Metro Denver Colorado home, feel like home.
Your Rights as a Buyer
If you're drawing blanks, join
the crowd. Federal officials familiar with mortgage borrower
protection say only a tiny fraction of consumers have a grasp of their
legal rights when disputes arise. To make certain you've got the
facts when you need them, here's a quick overview;
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MORTGAGE COMPLAINTS: If
you have a serious problem with your lender or servicer's handling of
your loan, you need to describe it in writing--not simply over the
telephone. You need to send your written request, along with
your loan account number, to the complaint address provided to you by
law by your lender at least once a year. Your letter should be
separate from your monthly payment or other correspondence.
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ACTION-RESPONSE DEADLINES:
Provided you have sent your complaint in this form, your lender is
covered by key legal deadlines. Within 20 business days of
receipt, your lender must respond to you, at least acknowledging
receipt of the letter and promising action. Within 60 business
days, your lender must "correct or clarify" the problem
itself.
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ESCROW ACCOUNT EXAMPLE:
The most common source of friction between homeowners and mortgage
lenders is escrow accounts. Say, for instance, you question the
way your escrow items have been calculated by the lender. You
can telephone the lender's customer service number to talk about
it. But if you don't like the answer you get--or you don't get
no action or resolution--the only way to ensure coverage under the
federal 20/60 day consumer protection rules is for you to send a
formal written request, including your account number. If your
argument with the lender or servicer involves an allegation of unpaid
or overdue funds, invoking the 20/60 -day rule can give you an added
blanket of protection: During the 60-business-day period beginning
with the lender's receipt of your "qualified written
request," the company is prohibited by federal law from informing
credit bureaus about your alleged non payment. If you're not
covered by the rule, on the other hand, your lender is free to tell
the national credit bureaus--and through them, anyone checking on you
credit--that you're delinquent on your mortgage payments. Even
if it turns out later that you weren't.
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SERVICING TRANSFERS: This
is another constant source of friction between lenders and their
customers. Lenders frequently sell or transfer the rights to
service your loan to other mortgage companies. But you are
protected by federal law against surprise transfers or sales of your
loan files and account. You are entitled to advance, written
notice of any transfer. Your lender, in other words, cannot
simply write or call you tomorrow and say, "we sold your mortgage
to TASMANIA MORTGAGE.COM last week. Send all your future
payments to Tasmania from now on, not to us. Have a good
day."
No later than 15 days after the transfer occurs, the new servicer must
contact you in writing and establish procedures for the new
relationship. But here's a key consumer protection you've got:
During the initial 60 days after your loan servicing account has been
transferred, you may not be hit with late penalties for any mortgage
payment you send on time to the first servicer, rather than to the new
firm. Your are held harmless for the innocent mistake of being
confused about where to send your payment.
Of course, if your mistake is not innocent, and you sent your payment
in late to the wrong place, don't look to federal law to protect you
from lender penalties. You owe the money, 60-day rule or no.

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