Complaint Review: America's Servicing Company - Frederick Maryland

Anyone having problems with Wells Fargo dba America's Servicing Company should send a RESPA Letter (Real Estate Steelement Procedures Act) to America's Servicing Company to obtain information or questions they have on their account. Loan Servicing Complaints Section 6 provides borrowers with important consumer protections relating to the servicing of their loans. Under Section 6 of RESPA, borrowers who have a problem with the servicing of their loan (including escrow account questions), should contact their loan servicer in writing, outlining the nature of their complaint. The servicer must acknowledge the complaint in writing within 20 business days of receipt of the complaint. Within 60 business days the servicer must resolve the complaint by correcting the account or giving a statement of the reasons for its position. Until the complaint is resolved, borrowers should continue to make the servicer's required payment. A borrower may bring a private law suit, or a group of borrowers may bring a class action suit, within three years, against a servicer who fails to comply with Section 6's provisions. Borrowers may obtain actual damages, as well as additional damages if there is a pattern of noncompliance. Other Enforcement Actions Under Section 10, HUD has authority to impose a civil penalty on loan servicers who do not submit initial or annual escrow account statements to borrowers. Borrowers should contact HUD's Office of Consumer and Regulatory Affairs to report servicers who fail to provide the required escrow account statements. Filing a RESPA Complaint Persons who believe a settlement service provider has violated RESPA in an area in which the Department has enforcement authority (primarily sections 6, 8 and 9), may wish to file a complaint. The complaint should outline the violation and identify the violators by name, address and phone number. Complainants should also provide their own name and phone number for follow up questions from HUD. Requests for confidentiality will be honored. Complaints should be sent to: Director, Office of RESPA and Interstate Land Sales US Department of Housing and Urban Development Room 9154 451 7th Street, SW Washington, DC 20410 SAMPLE OF RESPA LETTER: (Fill in your information) Attention Customer Service: Subject: [Your loan number] [Names on loan documents] [Property and/or mailing address] This is a "qualified written request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA). I am writing because: Describe the issue or the question you have and/or what action you believe the lender should take. Attach copies of any related written materials. Describe any conversations with customer service regarding the issue and to whom you spoke. Describe any previous steps you have taken or attempts to resolve the issue. List a day time telephone number in case a customer service representative wishes to contact you. I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days. Sincerely, [Your name] REMEMBER: This letter SHOULD NOT be included with your mortgage payment, but should be sent separately to the customer service address. You SHOULD continue to make the required mortgage and escrow payment until the request is resolved. You may bring a private right of action under Section 6, if you suffer damages due to the lender's servicing of the loan. See the RESPA statute and regulations. ALSO - You can contact the Office of the Comptroller of the Currency Customer Assistance Group by telephone, e-mail or through written correspondence. You can reach one of the Office of the Comptroller of the Currency's customer assistance specialists by: Telephone: Dial 1-800-613-6743, toll-free (Monday-Thursday 9:00a.m. to 4:00p.m., Friday 9:00 a.m. to 3:00 p.m. CT) E-mail: Send E-mail to [email protected] Fax: Send written material to 1-713-336-4301 Mail: Customer Assistance Group 1301 McKinney Street Suite 3450 Houston, TX 77010 I strongly urge anyone having problems with this company to file a complaint with their local Office of the Attorney General and the Office of the Comptroller of the Currency who regulates Wells Fargo. HUD/RESPA information can be found at: http://www.hud.gov/offices/hsg/sfh/res/respamor.cfm#MT I hope this helps!