Proof How Effective the RESPA Letter to Banks is! Man Able to Foreclose on Wells Fargo Bank due to NO response from bank!

I have a letter up that I have stressed to everyone to send certified to their mortgage servicer!

I wrote about the my positive results besides a readers result of the letter.

A man who sent Wells Fargo a RESPA letter, but did not get a response within the 20 business days as required by the law got a judgment against Wells Fargo for not responding.  Due to that judgment he is now able to FORECLOSE on Wells Fargo's office in Philadelphia!  

This man was not in foreclosure, but what this shows is how IMPORTANT the RESPA letter is!  

It does not matter what circumstance anyone is in with their mortgage, this RESPA letter needs to be sent out to every mortgage servicer!  This is a protection for you and the banks have to disclose all the information about your loan.

Portion of article:

A Philadelphia homeowner started foreclosure proceedings on a Wells Fargo mortgage office after winning a rather strange legal judgement against the bank. 

According to the Philadelphia Inquirer, Rodgers discovered the Real Estate Settlement Procedures Act, which requires mortgage companies to acknowledge written requests within 20 business days or face penalties. He took Wells Fargo to court, winning a default judgement because the bank didn't show up in court.

Passed in 1974 to protect borrowers, RESPA stipulates a standard complain letter that can be sent to lenders. (For more information on RESPA, check out the U.S. Department of Housing and Urban Development's website here.) 

Rodgers won a $1,173 judgment against the bank, and when they still failed to reply to his letters, he started foreclosure proceedings. 

The contents of Wells Fargo Home Mortgage's offices at 1341 North Delaware Avenue are reportedly still scheduled for a March 4 sherif's sale.

The homeowner placed a sheriffs levy against Well's Fargo's local mortgage office, to cover the $1,173 judgment, plus tax. The bank paid up in January, but still had not responded to his letters, so he started a foreclosure sale on the Wells Fargo office.

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I am asking EVERYONE to PLEASE pass the information on and the letter on to EVERYONE you know! I can not stress how vitally important it is for EVERYONE to send this out!

I am reproducing the letter here - Please copy and paste it - add your loan number and address at the top to your mortgage servicer!  

PLEASE PLEASE get this information out - this is a way people can stand up - you CAN win money from the banks from this letter!  This man is foreclosing on Wells Fargo's office due to it!

I don't expect the foreclosure will actually go through, I am sure he will get his $1173 from Wells Fargo for failing to respond to the letter.  But it does get the attention of the banks!  If you do not get the response with 20 days of them receiving the letter, get a judgment against them, as this man did! 


I found this at this link:
http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=280456

Here's a letter my attorney gave which is what you use to derail mortgage servicers. You send this letter certified to your servicer and then wait. As he told me 90% of the time the servicer will not reply because if they do it will show all the hidden fees, charges and interest they have illegally applied to your account and which get hidden in your payoff amount or simply get overlooked with time.

This letter, if they fail to reply and later try to foreclose on you, creates a defense and countersuit for RESPA violations. You don't go after them for failing to respond...well you could...but its really something you keep in your back pocket for when you need it.

This letter is a “qualified written request” under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605(e). This request is made on the above referenced account. Specifically, I am requesting the following information:

1. A complete and itemized statement of the loan history from the date of the loan to the date of this letter including, but not limited to, all receipts by way of payment or otherwise and all charges to the loan in whatever form. This history should include the date of each and every debit and credit to any account related to this loan, the nature and purpose of each such debit and credit, and the name and address of the payee of any type of disbursement related to this account.

2. A complete and itemized statement of all advances or charges against this loan for any purpose that are not reflected on the loan history transaction statement provided in answer to question #1.

3. A complete and itemized statement of the escrow account of the loan, if any, from the date of the loan to the date of this letter, including, but not limited to, any receipts or disbursements with respect to real estate property taxes, fire or hazard insurance, flood insurance, mortgage insurance, credit insurance, or any other insurance product.

4. Have you purchased and charged to the account any Vendor’s Single Interest Insurance?

5. A complete and itemized statement from the date of the loan to the date of this letter of any forced-placed insurance and expenses related thereto, related in any way to this loan.

6. A complete and itemized statement from the date of the loan to the date of this letter of any suspense account entries and/or any corporate advance entries related in any way to this loan.

7. A complete and itemized statement from the date of the loan to the date of this letter of any property inspection fees, property preservation fees, broker opinion fees, appraisal fees, bankruptcy monitoring fees, or other similar fees or expenses related in any way to this loan.

8. Identify the provision under the Deed of Trust and/or note that authorizes charging each and every such fee against the loan.

9. Please attach copies of all property inspection reports and appraisals.

10. A complete and itemized statement of any and all post-petition arrears including each month in which the default occurred, and the amount of each monthly default.

11. A complete and itemized statement of any late charges to this loan from the date of this loan to the date of this letter.

12. The amount, if applicable, of any “satisfaction fees.”

13. A complete and itemized statement from the date of the loan to the date of this letter of any fees incurred to modify, extend, or amend the loan or to defer any payment due under the terms of the loan.

14. The current amount needed to pay-off the loan in full.

15. A full and complete comprehensible definitional dictionary of all transaction codes and other similar terms used in the statements requested above.

16. A complete and itemized statement of any funds deposited in any post-petition suspension account(s) or corporate advance account(s), including, but not limited to, the balance in any such account or accounts and the nature, source and date of any and all funds deposited in such account or accounts.

17. A complete and itemized statement from the date of this loan to the date of this letter of the amount, payment date, purpose and recipient of all foreclosure expenses, NSF check charges, legal fees, attorney fees, professional fees and other expenses and costs that have been charged against or assessed to this mortgage.

18. A complete and itemized statement of the amount, payment date, purpose and recipient of all fees for the preparation and filing of the original proof of claim, any amended proofs of claim, or any supplemental proofs of claim related to this mortgage.

19. The full name, address and phone number of the current holder of this debt including the name, address and phone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act, which requires the servicer to identify the holder of the debt.

20. The name, address and phone number of any master servicers, servicers, sub-servicers, contingency servicers, back-up servicers or special servicers for the underlying mortgage debt.

21. A copy of any mortgage Pooling and Servicing Agreement and all Disclosure Statements provided to any Investors with respect to any mortgage-backed security trust or other special purpose vehicle related to the said Agreement and any and all Amendments and Supplements thereto.

22. If a copy of the Pooling and Servicing Agreement has been filed with the SEC, provide a copy of SEC Form 8k and the Prospectus Supplement, SEC Form 424b5.

23. The name, address and phone number of any Trustee under any pooling or servicing agreement related to this loan.

24. A copy of the Prospectus offered to investors in the trust.

25. Copies of all servicing, master servicing, sub-servicing, contingency servicing, special servicing, or back-up servicing agreements with respect to this account.

26. All written loss-mitigation rules and work-out procedures related to any defaults regarding this loan and similar loans.

27. The procedural manual used with respect to the servicing or sub-servicing of this loan.

28. A summary of all fixed or standard legal fees approved for any form of legal services rendered in connection with this account.

29. Is this loan subject to any Electronic Tracking Agreement? If the answer is yes, then state the full name and address of the Electronic Agent and the full name and address of the Mortgage Electronic Registration System.

30. Is the servicing of this loan provided pursuant to any type of mortgage electronic registration system? If the answer is yes, then attach a copy of the mortgage electronic registration system procedures manual.

31. A copy of the LSAMS Transaction History Report for the mortgage loan account, with a detailed description of all fee codes.

32. Is this a MERS Designated Mortgage Loan? If the answer is yes, then identify the electronic agent and the type of mortgage electronic system used by the agent.

33. Is this mortgage part of a Mortgage Warehouse Loan? If so, then state the full name and address of the Lender and attach a copy of the Warehouse Loan Agreement.

34. Upon any default or notice of default, state whether or not the Mortgage Warehouse Lender has the right to override any servicers or sub-servicers and provide instructions directly to the Electronic Agent? If the answer is yes, then specifically identify the legal basis for such authority.

35. Is this mortgage part of a Whole Loan Sale Agreement? If the answer is yes, then state the name and address of the Purchaser, the Custodian, the Trustee, the Electronic Agent and any Servicer or Sub-Servicers.

You should be advised that you must acknowledge receipt of this qualified written request within 20 business days, pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1).

You should also be advised that I will seek the recovery of damages, costs, and reasonable legal fees for each failure to comply with the questions and requests herein. I also reserve the right to seek statutory damages for each violation of any part of Section 2605 of Title 12 of the United States Code.

*Also note that mortgage servicers are required to fully answer all these questions within 60 days from the date they receive this letter in addition to acknowleding receipt of your request in the first 20 days. During that time they are forbidden to report late-pays to the bureaus as well.

UPDATE 2/22/11 - Here is the guy on Fox News - he got his check!  (I won't comment on the fact he did not blink once and has some very interesting teeth)