Protecting the Rights of Consumers
For Over 25 Years
|
By
Edelman Combs Latturner & Goodwin LLC
CHICAGO QUALIFIED WRITTEN REQUESTS ATTORNEYS
ILLINOIS CONSUMER RIGHTS LAWYERS
If you are having a problem with your mortgage company failing to credit payments, failing to properly handle your escrow account or making other mistakes, the first step in correcting the problem usually involves sending them a letter describing the problem and requesting that they fix it.
A federal law called the Cranston-Gonzales National Affordable Housing Act, an amendment to the Real Estate Settlement Procedures Act, requires mortgage servicers to respond to a “qualified written request” inquiring ("request for information") or complaining about ("notice of error") the account.
Mortgage companies are required to acknowledge receiving your letter within 5 business days, and correct the problem within 30 business days.
It is important to send the request to the correct address. Look on the back of your monthly statements or on the mortgage company’s website for the address for inquiries, questions or correspondence relating to the account. Do not simply send it to the payment address. Send it by certified mail or in some other manner that will give you proof of delivery.
QUALIFIED WRITTEN REQUESTS
Include a statement of the reasons for your belief that the account is in error. If you have evidence, such as proof of payments made that were not credited, include it with the request. Your mortgage company is required to cease reporting adverse information about you to the credit bureaus for 60 days after you send the request. Write early and often – whenever you get any statement or notice that you do not believe is accurate.
We advise all clients having problems with a mortgage company that relate in any manner to payments to check their credit reports with the major credit bureaus to see what the mortgage company is reporting about the account. If what they are reporting is not accurate, you should send a dispute to the credit bureaus and a copy to the mortgage company, as explained in more detail in our credit reporting rights guide.
The consumer protection and class action lawyers of Edelman, Combs, Latturner & Goodwin, LLC, represent clients throughout Illinois, and in federal courts in Illinois, Wisconsin, Indiana, and Michigan, and will consider substantial cases in other jurisdictions.
