Mortgage Co refuses record correction, time for legal?

Mortgage Co refuses record correction, time for legal?

Chester DavisPro Member
Member since 2023 · 15 posts · 4 votes

Hi BP peeps, 

I pulled equity from my primary in mid 2024 to fund first rental purchase and I have made every payment ontime monthly since origination. 

However, in the process of the loan being transitioned to the final servicer one of the payments went to the wrong company and while this error was mine it was within the window of time that they are not allowed to penalize you for it. Yet, this is error might be compounded by the final servicer maybe saying that payment should have started a month prior to what the temp servicer is saying. This would create an impression of a missing payment or all subsequent payments being  made late. However, this is a logical impossability with all payments being made monthly. 

Over the last year I have spent many hours on the phone with them and provided proof of payment with requests to audit and correct records to all three companies (originator, temp servicer, final servicer)  but to no effect.

I think it is time to find some legal help. Please advise and help point me in the right direction. 

Thanks, 
Chet, a junior investor 

Other Notes
I have not filed any official complaint or sent via certified mail etc so I could bump the level up just a tiny bit before going full nuclear legal on them but need a little help in how to acomplish this correctly if I try it. 
I do have records of payments and email records but do not have any of the internal machinations which they have wrought or of what internal decisions or actions taken.   

0Reply
46 views

3 Replies

Jump to latestLatest
  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    1y

    Does your state have a department that deals with these issues? If so, contact them first. 

  • Attorney · UT · Member since 2025 · 55 posts · 46 votes
    1y

    You can search for a consumer rights attorney in your area.

    You can try www.Martindale.com or also the State Bar may have a Find a Lawyer service on its website.

    Just to clarify, you are not currently being penalized for the payment going to the wrong company, right?  And this is more of a pre-emptive measure to prevent being penalized in the future.

    That payment that went to the wrong company, was that payment processed or was it returned to you?

    Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.