FDCPA violation/HAMP

[secondtimer]

Made 6 trial payments under HAMP mort mod.

Monthly calls to servicer. "Everything is in order" "just keep sending your payment" "Documents are in order" etc.

Last week was told "we have no record of your documents".

Should I persue this as a violation of the FDCPA to try to gain some leverage with the servicer??

If they are violating the act this might help alot of people.

[sofarsogood2]

To even consider that you would have to have all temp. mod agreements in writing and and the declaration that they "have no documentation of your plan" in writing.

This type of thing is going on left and right. I believe their main goal is to suck you dry, then deny.

If it was as easy as making the temp. mod payments and automatically getting them made permanent, people's homes would actually be saved. News reports indicate strongly that this is not happenning.

Usually they claim one part of the company doesn't know what the other part is doing. Apparently at different stages of your mod., it moves to different departments, sometimes different subsidies of the company and sometimes to a third party they have contracted with to handle their mods. We were contact by a third party on behalf of our (ex) lender to talk about a mod., but at that point we were already discharged from the debt. {Violation of BK injunction, and I told them so} They can have the house- maybe if they had been more cooperative in the beginning....

I'd first call again, find alternate numbers to call (thru google search) and see if the person you spoke to was uninformed. Going higher up the food chain has worked for some people.
Keep detailed records of times, dates, names, ph#s and comments made to you just in case.

Good Luck!

[frogger]

Should I persue this as a violation of the FDCPA to try to gain some leverage with the servicer??

If you do, you'll need to be well documented. You also need to understand that the gubmint don't give a rats a$$ about it until there are hundreds of complaints of abuse.

[montana59451]

Lots of help is available at www.loansafe.org