How deliquent do you need to be before a mortgage company can impose corporate advance fees? Do you have to pay if current?

Asked over 2 years ago - Chicago, IL

If you were never served by a sheriff and currently under 30 days behin, can these fees still be reflected on your account? How do you get them removed? Nastionstar Mortgage said that I have a sheriff fee, home inspection and other fees on my account when I was unaware of this occurring. My mortage was sold from Citibank to Nationstar at the end of 2010. These corporate advance fees hit my account in March 2011. I am under 30 days behind currently, but they have over $3,000 in fees. If I get by mortage current will they be forced to remove these fees? I do not have PMI and I have an escrow account for my taxes.

Attorney answers (3)

  1. Mara Ann Baltabols

    Contributor Level 13

    4

    Lawyers agree

    Answered . I believe that this link provides good information on corporate advance fees: http://www.bankruptcylawnetwork.com/my-mortgage...

    Now, to dispute these fees, send a qualified written request to your loan servicer (the loan servicer is that party that services your loan and sends you billing statements). Put your loan number and other contact information on the letter. When you send it make sure that you make a copy and sent it certified mail return receipt requested. Make sure you entitle the letter a qualified written request and specifically describe your dispute, ask what the fees are for, request verification, and you can go so far to request that they be remove from your account. It would be a good idea to reserach QWRs further before sending one. The Bank should acknowledge your request within 20 days and respond to your inquiry within 60 days. If you have problems getting a response, or the bank does not properly respond, then you may contact an attorney. QWRs are governed by the Real Estate Settlement Procedures Act ("RESPA"), and RESPA allows for statutory damages, costs, and attorneys' fees for bringing suit for non-compliance.

    Here's a sample letter. http://portal.hud.gov/hudportal/HUD?src=/progra...

    The information in this answer is not intended as legal advice nor do I intend to create an attorney-client... more
  2. Adam J. Lysinski

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . I agree with the previous answers. Get an attorney and fight for what’s fair.

  3. Margery Ellen Golant

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Nationstar is a mortgage servicer. It is extremely likely that it does not own your loan, but services it for some undisclosed owner. Mortgage servicers often make substantial extra income adding bogus or improper advances and fees to serviced loans. You should find an attorney in your area who specializes in financial services litigation to look over what is going on and to assist you, ias you are not likely to get anywhere with this by yourself.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more

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