
Naomi of on June 11, 2010
I have read through so many comments here that echo what I have gone through after the servicing of my Taylor, Bean and Whitaker mortgage was transferred to CENLAR. It's shocking.
It seems to me that so many of us can PROVE undeniable financial hardship on account of CENLAR's unacceptable mismanagement of our accounts. Where are the attorneys willing to file a class action lawsuit against CENLAR on all of our behalves?
Whether it be undocumented payments that have been made by the homeowner, sudden increases in insurance and taxes held in escrow, late payment of insurance fees resulting in cancellation and/or higher premiums, inaccurate escrow statements, incorrect 1098 mortgage interest statements, incorrect loan settlement statements, false reporting to the credit bureaus or NO reporting at all...all of these have an effect on our financial lives.
I have been unable to refinance my home at a better rate (despite an excellent credit score and low debt-to-income ratio and plenty of equity in my house...I am one of those fortunate few who is not upside down in my market), unable to take out a HELOC loan or sell my house, pay my taxes on time (both my federal and state income taxes due to the gross errors in my 1098 form from CENLAR and my property taxes which were held in escrow by CENLAR) and ALL of this because I have not received a single piece of accurate written or verbal information about my loan from CENLAR in 10 months.
No reputable business, be it another mortgage company, bank, credit union, private lender, real estate professional (or any one in their right mind) would touch my property if they know what is good for them.
In fact, according to both my county records office and all three credit bureaus, there is no current record on file of my loan, at all. If I were trying to boost up my credit score through paying my mortgage on time, every month, it would be to no avail...there has been ZERO reporting on this loan since August 2009.
Both are showing TB&W as closed and no new entity has been legally assigned or reported, according to them.
I have sent countless requests, (either by phone, mail or email) for CENLAR to "produce the note" and at every turn I get stall tactics.
This is in DIRECT violation of the RESPA Act. They have, in some cases, had 10 months to provide me with the information I've requested.
I encourage everyone on here to go to the HUD website, type in RESPA in the search box, and use the resources there to copy their form letter requesting whatever it is you need from CENLAR. Send it certified and keep a copy for yourself. When CENLAR fails to respond, as they so often do, you will have proof that they are in violation of the law. The more of us that have this, the better.
When I asked my county court clerk whether any other entity other than Taylor, Bean and Whitaker could initiate foreclosure proceedings (should I choose to stop paying since CENLAR has failed to provide me with the information I need to exercise my right as a property owner to sell, refinance or pull equity out), she said "absolutely not".
Now, I am not advocating defaulting on payments...I am just trying to make a point that when your own attorney tells you that the only way you might be able to force CENLAR to give you information is in court during foreclosure proceedings (where, in most US states, homeowners still have the right to fight foreclosure through the judicial process), you know you have a problem.
But please, despite the headache and the fear of what they CAN do, don't let them intimidate you! Find out from your credit report whether your mortgage is even appearing and whether CENLAR's reporting on your loan.
Check with your county deeds records office whether they are listed as either the lienholder or servicer of your loan, and ask them how long, by law, they have to report this to your county or state. Document every single time you try to contact them and when you do and who you spoke to and about what.
In fact, stop calling -- make all your communication with them written in a form that meets RESPA's requirements of you, the homeowner. Document, document, document!
And if anyone out there wants to spear-head a class action lawsuit, let us all know!
Together maybe we can put an end to this madness...