Brian
Lambertville,#2Author of original report
Thu, May 26, 2005
I took out a home mortgage from Sky Bank. During my closing I was signing all the documents concerning the Loan. When I got to the payments disclosures. I realized the agent had included Escrow payments for Insurance, Taxes and PMI. I stopped the loan process, as this was not what we had discussed previously.In our previous discussions I wanted to go with a conventional loan to avoid the VA loan-funding fee. I wanted to pay the tax and insurance on my own. So, I just wanted to pay payments and interest on the loan. When I stopped the process Tina said, well that was okay she could just get the documents redone and have them faxed. She said, so you don't want escrows for Tax and Insurance. I responded no I don't want to pay any escrows I just want to pay principle and interest. This occurred in March 2004.In Dec 2004 I received a statement from Sky Bank showing I had been paying PMI on the loan. Well I was pretty upset, as this was not what I wanted or what we had discussed. I called the bank. Talked with the loan agent and several others at the bank. Of course I was told there was nothing I could do, as I signed a PMI disclosure form. I said, look my closing was pretty messed up and if I signed that form it had to be prior to me stopping the process. I was abruptly told that I was being less than truthful. I researched my documents and found that I didn't receive many of the documents in my package. So basically, the following is a just of what happened. I stopped my closing at 10:15 AM and instead of discarding the documents I had previously signed, the documents were included, unknown to me! Until, I got the statement in December. I began signing forms again. I never saw a new disclosure and I wouldn't have expected to either as I assumed the form would have been discarded. I did sign a new HUD 1 form, which conveniently did not disclose a requirement for PMI. I have now reviewed the RESPA and low and behold it appears to require the disclosure of PMI on the form. Amazingly, it was not disclosed on the HUD 1 Form. After building what I thought was a pretty compelling case I sent a highly detailed letter to the Federal Reserve Bank in Cleveland. Having recently been in contact with the Federal Reserve they don't think they can help me as they say the law doesn't allow them to enforce contract issues. They are telling me that I will have to go to Court. I feel this is an absolutely ridiculous situation that the Bank could easily fix. What happened in my case is obvious just by reviewing the plentiful errors on my documents. I also offered to pay what ever was required to meet their requirement of 20% down, which was never disclosed by the loan agent. So I guess it's of to Civil Court I go, as no one at Sky Bank can admit to a simple mistake. If there is a Lawyer out there who is interested and experienced I would be interested. I have done allot of research, Truth and lending, RESPA etc. I believe I have a very solid case which can easily be made. I also researched the history of legislation on this subject and feel that anyone sitting on a jury would be flabbergasted by both the amount of legislation that has been passed to law or stuck in committee as well the events that took place in regards to my loan. Any help would be nice! I would not recommend the use of this Bank to anyone as, I for one can't believe the lack of customer service I have received from them.