Warning!
Some lenders are late in paying homeowners' property taxes from
escrow accounts and they are passing the late fees on to the homeowners
instead of absorbing the costs of their own mistakes.
What
you can do
Review
your Escrow Account Statement:
Did
your lender or loan servicer:
- forget
to pay your taxes?
- pay
your taxes late?
- charge
the late fees/penalties to your escrow account?
If
so, complain directly to your lender or loan servicer and ask
for a refund of the late fees.
Some
questions and answers:
Question
1: What's the law require?
Answer:
Section 6(g) of RESPA requires loan servicers to pay taxes, insurance
and other escrow account charges on time to avoid late fees or penalties.
(Section 6(g) is found at: 12
U.S.C. 2605(g).) HUD interprets Section 6 (g) of RESPA to require
lenders to pay borrowers' tax bills on time so long as the homeowners
were current in their mortgage payments. If the lender pays the
tax bill late and the homeowner is current in making the mortgage
payment, HUD would consider the lender responsible for any penalty
or late charge, barring any justifiable excuse.
Question
2: If I paid my mortgage on time, why was my lender late in making
my tax payment?
Answer:
Mistakes happen for any number of reasons. Most late payments are
due to computer glitches, or may occur when loans are being transferred
from one servicer to another or when lenders merge. Most lenders
do not routinely pay tax bills late. Many lenders get a computer
"tape" from the taxing authority for all borrowers who
owe taxes in that jurisdiction and sometimes names and bills are
left off the tape by mistake. Some lenders expect homeowners to
forward the tax bills and some homeowners may not do so timely.
Question
3: How can I check to see that I haven't been charged for my lender's
mistake?
Answer:
RESPA requires your lender to send you an Annual Escrow Account
Statement. Compare your Annual Escrow Account Statement with your
tax bill. If you did not receive a bill from your county, city,
or other taxing authority, you can ask the taxing authority what
you owed in taxes for the time in question. You will need to check
both to make sure that the amount the lender paid from your escrow
account matches your tax bill. If the amount the lender paid from
your escrow account is more than your tax bill, that difference
may be a penalty or late fee.
Question
4: What can I do to get a refund?
Answer:
In a written letter (not a phone call), ask your lender for an explanation
and refund if the lender was at fault for paying the tax bill late.
Your written letter should be labeled a "qualified written
request under Section 6 of RESPA." You may follow the Sample
Complaint to Lender format for complaints.
Please
send HUD a copy of your "qualified written request."
That way we can better monitor lenders for compliance with this
law. Our address is:
Office of RESPA and Interstate Land Sales
Office of Housing, Room 9154
US Department of Housing and Urban Development
451 Seventh Street, SW
Washington, DC 20410
Question
5: What can HUD do to help?
Answer:
HUD has started a broad review of the practices of the largest loan
servicers in the country. Unfortunately, HUD may not be able to
get involved in every dispute that occurs between a homeowner and
a loan servicer over escrow charges. By following these instructions,
homeowners can help themselves get refunds directly from their lenders.
By sending copies of your complaints to HUD, you will help us identify
the worst offenders so that we may take appropriate action against
companies that are doing the greatest harm.
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