Sign the Petition
Give Consumers Access to Monthly Mortgage Statements
This is a petition and national campaign to
inform and educate our Regulatory agencies and Legislators on the
importance of a borrower’s right to receive a monthly statement when
paying a mortgage.
By using payment coupon books, consumers are forced to blindly trust
that their payments are being applied timely and accurately.
To facilitate the tracking of our payments, we need monthly statements
providing us the breakdown of principal, interest and escrow payments
applied monthly. The use of payment coupon books is exacerbating
mortgage servicing errors, negligence and fraud. Illegal late charges
have been applied when payments were made timely, taxes and insurance
escrows are not routinely paid on behalf of the consumer timely, and
additional principal payments and/or monthly principal and interest
payments can not be verified. Costly errors or fraud against the
borrower often go undetected, until too late and then become impossible
to correct without placing a huge burden on the borrower to prove their
innocence.
These serious errors have the effect of extending the life of the loan
and the amount of interest accrued without the consumer’s knowledge. Too
many times, costly errors and illegal fees are often discovered too late
and force innocent consumers into foreclosure when they believe they
have made all payments due and are completely unaware of any problem.
They are forced into forbearance agreements that remove a borrower's
right to pursue legal action. For a clear explanation of your consumer
rights, read this FTC report:
http://www.ftc.gov/bcp/conline/pubs/homes/mortgserv.htm
Not too long ago, HUD estimated over 1.5 Billion dollars was owed
consumers due to mismanaged escrow accounts. With many more creative
loans made today, the potential for errors on the part of the mortgage
servicing company is very high; in fact, some experts indicate at least
a third of all adjustable rate mortgages have significant calculation
errors and too often the homeowner doesn't find out about these problems
until they seek to refinance or sell their home. Even worse, they find
out when the mortgage company starts making almost inexplicable demands
and threatening foreclosure action. Suddenly you realize your credit
report has been severely affected. One inaccurately charged late fee is
enough to stop a borrower from refinancing. Consumers can't choose their
servicing company and therefore can't shop for one that supplies monthly
statements and even if they find a lender that offers monthly
statements, the company the loan is sold to or serviced by may not offer
monthly statements.
How can we be vigilant consumers and review our monthly statements as
the FTC’s website warns us to do, when we don’t have the benefit of a
monthly statement - the required tool to do so? Credit card and utility
companies send us monthly statements; shouldn't mortgage servicing
companies be required to send us proof of how they manage a consumer’s
largest asset?
Those who are willing to take advantage of an unwary borrower may fight
to keep this important form of consumer protection from being
implemented, but responsible lenders and servicers who know the value of
having informed consumers and are interested in stopping fraud should
agree. While the FTC has stepped in and taken action against one of the
worst of these firms with a $55 million-dollar settlement, and forced
that company to adopt more acceptable servicing practices, the
settlement ruling has not stopped others who continue to take advantage
of their almost unlimited power over consumers.
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