The end of May I contacted my mortgage company, GMAC, to make a payment by phone. The woman who assisted me was very clear, she confirmed the amount and provided me with a reference #. A few days later I noticed the amount was approx $1400.00 more than the authorized amount. I immediately contacted GMAC. I asked the assistant to have my account credited to avoid the overdrafts that would be occurring. She explained a particular dept had to review the findings and then take action. She advised I needed to put my request in writing. She provided me with the fax # and name of the dept to send it to. I faxed my request the next day. I called back after 3 days and continue to get the run around. They sent me $64 to cover the overdraft and said I never asked for a refund of the $1400.00.
You can find a WI consumer lawyer at www.naca.net. Two very good consumer lawyers in WI are Mary Fons and DeVonna Joy. If the lender is keeping $ they wrongfully took without your authority they can be held responsible. Consider sending a Qualified Written Request (letter) by certified mail at the address they have told you they receive such requests. In your letter be sure provide your loan # and your address and other contact info. Date the letter and tell them your story about what happened and request that they investigate your dispute and respond to you in writing. Send your request by certified mail return receipt so you can prove they received it. Be sure to keep a copy of your letter. Under RESPA they have a duty to acknowledge your request within 20 business days mthey must investigate and respond to your request within 60 business days.
You may contact Luke Wallace at Humphreys Wallace Humphreys P.C. at 918-747-5300 or Luke@HWH-LAW.com. For more information see www.HWH-LAW.com. The response above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in Oklahoma. See also avvo.com terms and conditions incorporated as if they were reprinted here.
Criminal Defense Attorney
You could try filing complaints with the Department of Financial Institutions and the Department of Agrigulture, Trade, and Consumer Protection. Don't know that they will do anything other than send an inquiry letter, but sometimes that is all it takes.
You should also contact a consumer lawyer. They may be willing to take your case on for what they could make GMAC pay.
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