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Sam S.
  • Real Estate Investor
  • Irving, TX
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Servicer charging ridiculous so-called "lender-paid expenses"

Sam S.
  • Real Estate Investor
  • Irving, TX
Posted Jul 7 2014, 21:32

We bought a property subject to existing mortgage. It was behind on payments and was scheduled for foreclosure auction in Texas. Before we brought the mortgage current, the servicer had told us that the Cash Advances for inspection and appraisal that were lender paid can be waived after the mortgage has been brought current. After we brought the mortgage current, the servicer initially denied to waive the Cash Advances. Upon further request, they opened a research ticket which resulted in them coming up with a lot more lender paid expenses than the Cash Advances we asked to waive. The lender paid expenses include Sheriff Costs, Appraisal Fees, Property Inspection Fees, Foreclosure Fee, Title Exam, Certified Mailing Fees, Posting Cost fees, and Recording of the substitute trustee. If we hadn't purchased the property subject to and brought the mortgage current, the lender would have kissed a bulk of the principal good bye. But now that they know we're an investment company, we have been charged with these fees. In retrospect, we would have rather paid the $367 Cash Advance instead of requesting a research ticket because of which they are claiming we owe them $1321 more. Per http://www.alabamaconsumer.com/2014/03/mortgage-servicers-love-hit-consumers-bogus-fees-charges/ it's the servicer charging for it, not the true owner of the loan, and they could be violating FDCPA.

Questions:

1. Can the servicer charge these ridiculous fees?

2. How can we not pay these so called lender paid expenses which weren't initially included in the mortgage reinstatment statement or payoff quotes? 

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