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The life of a mortgage loan presents many opportunities for servicer error and abuse. Abusive servicing can occur when a servicer seeks to collect unwarranted fees or other costs from borrowers, engages in unfair collection practices, or through its own improper behavior precipitates borrower default or foreclosure.


Mortgage Servicer Violations
The Real Estate Settlement Procedures Act (RESPA) provides for a private right of action against servicers (like the one in your case) if they violate mortgage servicing laws. You might have a claim, if the following fact pattern fits your case:

  1. Failing to respond to a Qualified Written Request, Notice of Error, or a Request for Information within the statutory period (usually 30 days).

  2. Failing to evaluate a loss mitigation application after January 10, 2014 (regardless of whether the servicer evaluated a prior loss mitigation application).

If you are a victim of mortgage servicer violations, call or email Stanek Law Office for a free consultation.