我們９月和貸款公司Ａ close了一個3 months pay option arm. 頭三個月的introductory rate 是1.75％， 之後是MTA index + 3.95，change very month.
note 上麵寫的是“ The interest rate I will pay may change on the 1st day of December, 2006”, “The new rate of interest will become effective on each Interest Rate Change Date”,
我們每個月的payment due date 是１號，比如９月的mortgage 是10/1 due，10月的mortgage 是11/1 due, 11月的mortgage 是12/1 due.
在交過９月份的房貸之後，１０月中旬Ａ公司將我們轉給Ｂ公司．我們第二個月的貸款是交給Ｂ公司的，這些都沒有問題．可第三個月就不對了，12/1due的payment statement上麵寫的interest rate 就是8.75%！這樣一來interest 活活多出４～５千塊！而且這樣我們３個月的introductory rate 隻給了倆月而已．我們不停的和Ｂ公司打電話，可它們就是不承認這個錯誤，還硬說它們serviced the loan right according to the note. 後來寫信給它們的ＣＥＯ，ＣＥＯ指派一個customer service來respond, 不過結果仍是一樣．
昨天我打電話給Ａ公司，went thru my note with A, 連Ａ都說１１月整月的interest rate 都該是 1.75%, 可Ｂ就是不認錯．Ａ說整個service 都release了，就跟他們沒關係了，如果有問題我們必須自己跟Ｂ去解決．
現在想上來問問各位高人，我們這個case上small claims court可以嗎？有勝算嗎？可是這個公司不在我們local,不知到是不是要上它的所在地才能告它？
下麵是我們寫給Ｂ公司CEO的信：
--------------------------------------
Re.: Loan# xxxx – Wrong interest rate applied and payments mis-handled for November Period
Dear xxx:
This is a “qualified written request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA).
We have been very frustrated in the past few weeks in getting B to correct the two errors in our loan.
1. Interest Rage Change: Our 3-month 1.75% ARM mortgage was set up with A on September. 6th. It was transferred to B effective on November 1st, after we had made our first monthly payment to A. The 2nd payment that’s due on Nov. 1st was sent on Oct. 27th to you, as directed by the notice of transfer, electronically and reflected on B’s system as received on Nov. 13th. According to the original Adjustable Rate Note, we should have another month of 1.75% interest rate in November. Then, interest rate will go up on December 1st, 2006 – Not from November 1st.
Mortgage interests are all applied in rear. So the payment due on Dec. 1st should go towards November interest, which should still be 1.75%. However, when we received the payment statement for November period (see attached fax), it shows that the interest for November is based on wrong 8.750% interest rate!
You can see from the attached note, it clearly states that “ The interest rate I will pay may change on the 1st day of December, 2006”, “The new rate of interest will become effective on each Interest Rate Change Date”. But with what B is doing towards our November interest, they are making the 8.75% rate effective since Nov. 1st, 06!
We have refinanced out of B because we are very disappointed in its ability in solving customer issues. We’ve been calling B since then and talked to various customer representatives. We went over our ARM note over with B many times. Nothing helped! This is a very typical ARM note in the mortgage industry and the error should be identified right away. However, no one would clearly admit it. We were given response like “ma'am, you don’t understand”, “the note only says the interest rate will change, it doesn’t say that the interest will not change”, and “what you have is not what I see in my system”. We faxed your customer service a complaint letter. No one gets back to us.
This loan is paid off on Dec. 1st, 2006. We were falsely charged with the higher interest rate in the pay-off amount. How we wish we could go back in time and refinance before Dec. 1st, 2006 to avoid this error. But in fact, that was not possible since the transfer was effective on Nov. 1st. And B system was not properly set up until Nov. 13th and nothing was available regarding the sudden rate jack till later half of November.
2. Principle Reduction: We paid two additional funds for principle reduction on Nov. 21st and Nov. 22nd in the amount of $20,000 and $15,000, respectively. Those are wrongly applied as pay-ahead towards interest. We called 5 times already to have the funds reversed. But it was still not reversed till we refinanced out of B. In fact, it is put as ‘suspend’ fund in our payoff statement. So we are being falsely charged for interest on those ‘suspend’ funds from Nov. 22nd to Dec. 1st.
Now we are writing to you in order to have these issues resolved. We expect a refund for the 8.75% and 1.75% interest difference for the falsely higher November interest. This comes out to $4476.6. We also request a refund for the falsely charged interest for the $35,000 from Nov. 22nd to Dec. 1st. This comes out to $23.9. A total refund we are expecting is in the range of $4500.5.
We understand that under Section 6 of RESPA you are required to acknowledge our request within 20 business days. With this letter, if the case is still not resolved, we do intend to seek for legal help and report this misconduct to FTC, HUD and Better Business Bureau.
Sincerely,
xxxxx
note 上麵寫的是“ The interest rate I will pay may change on the 1st day of December, 2006”, “The new rate of interest will become effective on each Interest Rate Change Date”,
我們每個月的payment due date 是１號，比如９月的mortgage 是10/1 due，10月的mortgage 是11/1 due, 11月的mortgage 是12/1 due.
在交過９月份的房貸之後，１０月中旬Ａ公司將我們轉給Ｂ公司．我們第二個月的貸款是交給Ｂ公司的，這些都沒有問題．可第三個月就不對了，12/1due的payment statement上麵寫的interest rate 就是8.75%！這樣一來interest 活活多出４～５千塊！而且這樣我們３個月的introductory rate 隻給了倆月而已．我們不停的和Ｂ公司打電話，可它們就是不承認這個錯誤，還硬說它們serviced the loan right according to the note. 後來寫信給它們的ＣＥＯ，ＣＥＯ指派一個customer service來respond, 不過結果仍是一樣．
昨天我打電話給Ａ公司，went thru my note with A, 連Ａ都說１１月整月的interest rate 都該是 1.75%, 可Ｂ就是不認錯．Ａ說整個service 都release了，就跟他們沒關係了，如果有問題我們必須自己跟Ｂ去解決．
現在想上來問問各位高人，我們這個case上small claims court可以嗎？有勝算嗎？可是這個公司不在我們local,不知到是不是要上它的所在地才能告它？
下麵是我們寫給Ｂ公司CEO的信：
--------------------------------------
Re.: Loan# xxxx – Wrong interest rate applied and payments mis-handled for November Period
Dear xxx:
This is a “qualified written request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA).
We have been very frustrated in the past few weeks in getting B to correct the two errors in our loan.
1. Interest Rage Change: Our 3-month 1.75% ARM mortgage was set up with A on September. 6th. It was transferred to B effective on November 1st, after we had made our first monthly payment to A. The 2nd payment that’s due on Nov. 1st was sent on Oct. 27th to you, as directed by the notice of transfer, electronically and reflected on B’s system as received on Nov. 13th. According to the original Adjustable Rate Note, we should have another month of 1.75% interest rate in November. Then, interest rate will go up on December 1st, 2006 – Not from November 1st.
Mortgage interests are all applied in rear. So the payment due on Dec. 1st should go towards November interest, which should still be 1.75%. However, when we received the payment statement for November period (see attached fax), it shows that the interest for November is based on wrong 8.750% interest rate!
You can see from the attached note, it clearly states that “ The interest rate I will pay may change on the 1st day of December, 2006”, “The new rate of interest will become effective on each Interest Rate Change Date”. But with what B is doing towards our November interest, they are making the 8.75% rate effective since Nov. 1st, 06!
We have refinanced out of B because we are very disappointed in its ability in solving customer issues. We’ve been calling B since then and talked to various customer representatives. We went over our ARM note over with B many times. Nothing helped! This is a very typical ARM note in the mortgage industry and the error should be identified right away. However, no one would clearly admit it. We were given response like “ma'am, you don’t understand”, “the note only says the interest rate will change, it doesn’t say that the interest will not change”, and “what you have is not what I see in my system”. We faxed your customer service a complaint letter. No one gets back to us.
This loan is paid off on Dec. 1st, 2006. We were falsely charged with the higher interest rate in the pay-off amount. How we wish we could go back in time and refinance before Dec. 1st, 2006 to avoid this error. But in fact, that was not possible since the transfer was effective on Nov. 1st. And B system was not properly set up until Nov. 13th and nothing was available regarding the sudden rate jack till later half of November.
2. Principle Reduction: We paid two additional funds for principle reduction on Nov. 21st and Nov. 22nd in the amount of $20,000 and $15,000, respectively. Those are wrongly applied as pay-ahead towards interest. We called 5 times already to have the funds reversed. But it was still not reversed till we refinanced out of B. In fact, it is put as ‘suspend’ fund in our payoff statement. So we are being falsely charged for interest on those ‘suspend’ funds from Nov. 22nd to Dec. 1st.
Now we are writing to you in order to have these issues resolved. We expect a refund for the 8.75% and 1.75% interest difference for the falsely higher November interest. This comes out to $4476.6. We also request a refund for the falsely charged interest for the $35,000 from Nov. 22nd to Dec. 1st. This comes out to $23.9. A total refund we are expecting is in the range of $4500.5.
We understand that under Section 6 of RESPA you are required to acknowledge our request within 20 business days. With this letter, if the case is still not resolved, we do intend to seek for legal help and report this misconduct to FTC, HUD and Better Business Bureau.
Sincerely,
xxxxx
選擇“Disable on www.wenxuecity.com”
選擇“don't run on pages on this domain”
