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What can be done about Mortgage company stonewalling my efforts to refinance away from the current high interest rate?

Lehi, UT |

I am in chapter 13 Bankruptcy, In April 2013 I tried to refinance to a lower rate, in May 2013 the mortgage company did not process my mortgage payment and reported me 30 days late, bank records show payment never submitted. I complained to Consumer Financial Affairs and they dropped it. Now they are dragging there feet on giving me a payoff breakdown. It has been 30 days since the tittle company requested the payoff and have not received it. I missed 2 months payment before I filed for bankruptcy, the mortgage company quotes my balance plus $11,000 in back interest and the tittle company wants a break down of the charges, They claim they can only send it to my attorney. I already have approval from the bankruptcy court to refinance.

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Attorney answers 3


Try using a Qualified Written Request under RESPA.

Beyond that, you need to be working with your bankruptcy attorney to sort through these issues. You haven't really provided enough information to answer your question.


Yes use the Qualified Written Request. Also, you lawyer can file a motion to compel the requested breakdown.


The mortgage company is not required to refinance you and the bankruptcy court cannot force it to do so. As for the mortgagee not sending you a pay-off figure, have you (not the title company, you or your attorney on your behalf) sent it a RESPA letter formally demanding the payoff? Discuss that and the mortgage company's record keeping with your lawyer.

Answers are general only and do not consider the actual and particular circumstances of the questioner

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