Mortage Servicer charging bogus fees!! what should I do?

[Anonymous]

Hello all my FICO leaders. I have a real problem with my mortgage servicer. I had identity theft on my banking account in July. I paid my July payment and it was reversed in August. I contacted my servicer to let them know what happened and was told to send a letter. I did that. Finally after talking to several reps I finally got someone that would listen. He faxed me an amended letter and advised me to send it to all the bureaus to have them update my reports. Well..Grrr.. I made my timely payments for August & Sept. Remind you adding a little of the July payment in as I paid those months. They held the extra that was paid and continued to report 30-60 days late. I was furious so I contact the Better Business Bureau and I got the executive office number. She ask me to send the amended letter and once she recieved it basically called me and said we have no record of this letter. I said and neither do you have record of the other 4 letters I sent your comapny. Now they send a default letter today stating I owe them twice as much and added $140 dollar late fees. My payments are $762 per month. I have paid 458.00 towards July and ask them to put the rest on the end of my loan. They won't.

What the hec can I do. I plan on paying my mortgage as always but they will have to explain to me how they come up with the fees??

Also can they hold a partial payment and keep reporting as if I'm 60 days behind because that July payment isn't full?? and continue to charge late fees until I make the rest of the payment?

[teton]

I'm sure one of our mortgage experts will give the definitive answer, but I believe the mortgage company can actually refuse to accept any payments until you send the entire amount due. I don't understand what happened to your July payment. You said it was reversed? Do you mean it was returned for non-sufficient funds?

[Anonymous]

When my bank figured out something was wrong the froze my accounts and by the time I got the mailer from my bank the payment was reversed, so it was nothing I could do. I changed banking information but I was still out of $2569. Not to mention all my bills were do. I worked things out with all my other creditors but my servicer is being very difficult as if they want to default on me. I could understand if I had issues prior to this. Now I'm seeing how the servicers and mortgage companies will turn on you, but on the website they advertise if your having problems we can help. lol!

[ShanetheMortgageMan]

It does sound like since you didn't make July's payment in full, that until you do, you will continue to be marked late for July's payment.  Instead of making August & Septembers payments, you should've made July & Augusts payments.  When you sent in July & August's payments perhaps there was a place for you to denote what the payments are for.   Other than that, I'm not sure why they would be reporting your July's payment as late.  The below information might help you get answers from your mortgage servicer, especially on the part of what the $140 in late fees is made up of.  There is a problem, and thus, has to be a solution somehow.

Your Rights and the Responsibilities of the Mortgage Servicer

http://www.hud.gov/offices/hsg/sfh/res/rightsmtgesrvcr.cfm

Duty of Loan Servicer to Respond to Complaints. If you have questions or problems with the servicing of your loan, the servicer is required to respond to you. Write to your servicer and call it a "qualified written request under Section 6 of RESPA." It should be a separate letter and not mailed with your payment. The mortgage servicer must respond to you within 60 business days of receipt. (See Sample Written Complaint to Lender.)