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Doreen Eubank is an Expert Realtor for the Metro Denver Colorado area, who can help you decide where to live.  Because, Doreen 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.

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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;

  1. 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.

  2. 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.

  3. 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.

  4. 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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