Mortgage sold to yet another servicer. What are my options?
Are my mortgage terms locked in? Who oversees this? Yes your terms like rate, balance, penalties, due dates, are all covered in the mortgage documents. Those will not change. If the mortgage is an adjustable or has a balloon payment those terms will be followed by the new company. That being said, mistakes can be made. Double check everything. I had a transfer get messed up once, and all the terms were wrong. It took a few months but everything was worked out. In fact because they first tried to stonewall me I was able to negotiate some additional concessions out of them. Running your own escrow account is one thing you always want to do. That makes sure that the taxes and insurance are always paid by you, even if the servicing company has a glitch. Generally you have to have enough equity to not have PMI in order to get them to agree to the self-escrow option. If you have a problem with the servicing company then contact the Consumer Finance Protection Bureau a part of the US Government. They have only been a round a few years, thus I have no experience with them. Have an issue with a financial product or service? We'll forward your   complaint to the company and work to get a response from them. The last few times I applied for a mortgage or refinanced a mortgage the lender had to reveal as part of the application stage the percentage of recent mortgages they still own/service. Check those numbers the next time you apply. "Your mortgage terms are locked in; the servicer/new owner cannot  change the terms without your consent, but the servicer can be more aggressive in taking action  (as specified in your mortgage contract) against you. For example, if the mortgage agreement calls for penalties for missing a payment or making it late, your friendly neighborhood banker might waive the penalty if the payment is received a day late once (but perhaps not the second or the third time), but the servicer doesn't know you personally and does not care; you are hit with the penalty right  away. If the payment was received a day late because of delays in the post office, too bad. If you used a bank bill payment service that ""guarantees"" on-time arrival, talk to the bank. All  perfectly legal, and what you agreed to when you signed the contract. If you can set up electronic payments of your mortgage payments, you can avoid many of these hassles. If you are sending in more money than what is due each month, you should make sure that the extra money reduces the principal amount owed; easy enough if you are sending a physical check with a coupon that has an entry line for ""Extra payment applied to principal"" on it. But, the best mortgage contracts (from the bank's point of view) are those that say that extra money sent in applies to future monthly installments. That is, if you send in more than the monthly payment one month, you can send in a reduced payment next month; the bank will gladly hold the extra amount sent in this month and apply it towards next month's payment. So, read your mortgage document (I know, I know, the fine print is incomprehensible) to see how extra money is applied. Finally, re-financing your mortgage because you don't like the servicer is a losing proposition unless you can, somehow,  ensure that your new bank will not sell your new mortgage to the same servicer or someone even worse." You would need to check the original mortgage papers you signed with the originators.  Chances are you agreed to allow the mortgage to be sold and serviced by other parties. Refinancing would also put you in the same boat unless you got them to take that clause out of the mortgage/refinance papers. Also, chances are most small banks and originators simply can not keep mortgages on their books. There are also third parties that service loans too that do not actually own the mortgages as well. This is another party that could be involved out of many in your mortgage.  I would also not worry about 127/139 complaints out of 1,100,000 loans. Most probably were underwater on their mortgage but I am sure a few are legitimate complaints.  Banks make mistakes (I know right!).  Anyway, good luck and let me know if you find out anything different.
Underwriting manager here. It's not a big deal. Call your processor or loan officer tomorrow to make sure it's been cleared. My guess is that the underwriter or loan officer noted the discrepancy and corrected it in their systems. You'll have to sign a updated 1003 and 4506T at closing with correct info.  In other words...no biggie, no worries. Not a show stopper at all. That sucks.  If BofA is taking responsibility for the insurance payment, then they should..., well, take responsibilty - full responsibility.  I hope these people get reimbursed fairly.  Didn't their insurance company contact them about the policy?  If not, I'd certainly be shopping for a new insurance company, and possibly I'd include them in a lawsuit.  The insurance company should be contacting the bank **and** their customer.  Mine sent me a couple of letters, saying a copy was sent to the bank (although I think they still had the original bank, not BofA).  But BofA had recently paid the premium, so they ignored it - basically dropped the ball.  When I got the 2nd letter from the insurance company, I called again, and the guy at BofA got right on the ball, checked it out, and fixed it very quickly, then helped me cancel my escrow so I could handle it directly in the future.  Perhaps I was lucky to get someone who cared about their job enough to follow through.  But I also jumped in to make sure it got taken care of, so if he hadn't, I would have been bothering them until they did. I think you are running into multiple problems here: All these together look like a high risk to a bank, especially right now with companies being reluctant to hire full-time employees. Looking at it from their perspective, the last thing they need right now is another potential foreclosure on their books. BTW, if it is a consolation, I had to prove 2 years of continuous employment (used to be a freelancer) before the local credit union would consider giving me a mortgage. We missed out on a couple of good deals because of that, too. I'm sorry, but who pressured the appraiser to overstate the value of the house by threatening him with a loss of future business? I'm pretty sure I hired him but the lender threatened him. After I only had one house for him to do. You're missing the bigger picture Consider that the bank of course makes money on the money in your escrow. It is nothing but a free loan you give the bank, and the official reasons why they want it are mostly BS - they want your free loan, nothing else. As a consequence, to let you out of it, they want the money they now cannot make on your money upfront, in form of a 'fee'. That explains the amount; it is right their expected loss by letting you out. Unfortunately, knowing this doesn't change your options. Either way, you will have to pay that money; either as a one-time fee, or as a continuing loss of interest. As others mentioned, you cannot calculate with 29 years, as chances are the mortgage will end earlier - by refinancing or sale. Then you are back to square one with another mandatory escrow; so paying the fee is probably not a good idea. If you are an interesting borrower for other banks, you might be able to refinance with no escrow; you can always try to negotiate this and make it a part of the contract. If they want your business, they might agree to that. What options do I have? Realistically?  Get a regular full time job.  Work at it for a year or so and then see about buying a house. That said, I recently purchased a decent home.  I am self-employed and my income is highly erratic.  Due to how my clients pay me, my business might go a couple months with absolutely no deposits.   However, I've been at this for quite a few years.  So, even though my business income is erratic, I pay myself regularly once a month.  In order to close the deal with the mortgage company I had to provide 5 years worth of statements on my business AND my personal bank accounts.  Also I had about a 30% down payment.   This gave the bank enough info to realize that I could absolutely make the payments and we closed the deal. I'd say that if you have little to no actual financial history, don't have a solid personal income and don't have much of a down payment then you probably have no business buying a house at this point.  The first time something goes wrong (water heater, ac, etc) you'll be in a world of trouble. There are programs out there which will let you refinance even when underwater, under the Government's HARP program. You are overpaying by nearly $7,000 per year compared to a refinance to 4.5%. A classic example of how the bubble hurt people who overextended themselves a bit as housing shot up.  The bank risks a $50K loss if you default or short sell this property. I'd go in and sit down with a branch manager and ask what they can do to recast the loan to a lower rate as you are ready, wiling and able to keep the house and make your payments. Good luck. Will citizens advice be able to help me, or am I only going to get told to seek legal advice anyway? They are just advisory. i.e. help/guide people. They are not responsible for any outcome. What can I do as I'm not the person who's made payment or been paid, but I also don't want to cause the estate agent lots of work from my mistake, but legally no bank will talk to me anyway. You are right. You estate agent would have to follow-up with banks [which you have already done]. Will I have to seek legal action or the estate agent? Once you follow-up with the Banks and the Ombudsman, you should proceed to legal. Legally if it is a mistake on your part, the beneficiary is NOT entitled to the money and has to refund it. However establishing this takes a while and hence most of the times beneficiary does not pay back the money that is not rightfully his. I'm not sure about your first two options.  But given your situation, a variant of option three seems possible.   That way you don't have to throw away your appraisal, although it's possible that you'll need to get some kind of addendum related to the repairs.   You also don't have your liquid money tied up long term.  You just need to float it for a month or two while the repairs are being done.  The bank should be able to preapprove you for the loan.   Note that you might be better off without the loan.  You'll have to pay interest on the loan and there's extra red tape.   I'd just prefer not to tie up so much money in this property.   I don't understand this.  With a loan, you are even more tied up.  Anything you do, you have to work with the bank.  Sure, you have $80k more cash available with the loan, but it doesn't sound like you need it.  With the loan, the bank makes the profit.  If you buy in cash, you lose your interest from the cash, but you save paying the interest on the loan.  In general, the interest rate on the loan will be higher than the return on the cash equivalent.   A fourth option would be to pay the $15k up front as earnest money.  The seller does the repairs through your chosen contractor.  You pay the remaining $12.5k for the downpayment and buy the house with the loan.  This is a more complicated purchase contract though, so cash might be a better option.   You can easily evaluate the difficulty of the second option.  Call a different bank and ask.  If you explain the situation, they'll let you know if they can use the existing appraisal or not.  Also consider asking the appraiser if there are specific banks that will accept the appraisal.  That might be quicker than randomly choosing banks.   It may be that your current bank just isn't used to investment properties.  Requiring the previous owner to do repairs prior to sale is very common in residential properties.  It sounds like the loan officer is trying to use the rules for residential for your investment purchase.  A different bank may be more inclined to work with you for your actual purchase. The issuer of the service contract is making money. DO NOT buy these contracts.  Self insure over your life time 40/60 years and you will save money. "The comments are getting too much, but to verify that you are not insane, you are being bullied.  It sounds like this is a sub-prime loan, of which you are wisely trying to get out of.  It also sounds like they are doing everything in their power to prevent you from doing so.  For them you are a very profitable customer. This might take some legwork for you, but depending on how bad they are violating the law they might be willing to forgive the loan.  What I am trying to say, it might be very worth your while! Your first step will be looking for any free resources at your disposal: Just be cautious as many ""credit representation"" type business are only offering loan consolidation.  That is not what you need. Fight those bastards!" "I'm sorry to hear you've made a mistake. Having read the contract of sale we signed, I do not see any remedy to your current situation.  However, I'm interested in making sure I do not take advantage of you.  As such, I'll return the vehicle, you can return my money plus the bank fees I paid for the cashiers check, tax, title, and registration, and I will look at buying a vehicle from another dealership.   This seems to be the most fair resolution.  If I were to pay for your mistake at a price I did not agree to, it would not be fair to me.  If you were to allow this vehicle to go to me at the price we agreed to, it wouldn't be fair to you.  If I were to return the car and begin negotiations again, or find a different car in your lot, it would be difficult for us to know that you were not going to make a similar mistake again. At this point I consider the sale final, but if you'd prefer to have the vehicle back as-is, returning to us the money we gave you as well as the additional costs incurred by the sale, then we will do so in order to set things right. Chances are good you will see them back down.  Perhaps they will just cut the additional payment in half, and say, ""Well, it's our mistake, so we will eat half the cost,"" or similar, but this is merely another way to get you to pay more money.   Stand firm.  ""I appreciate the thought, but I cannot accept that offer. When will you have payment ready so we can return the car?"" If you are firm that the only two solutions is to keep the car, or return it for a full refund plus associated costs, I'd guess they'd rather you keep the car - trust me, they still made a profit - but if they decide to have it returned, do so and make sure they pay you in full plus other costs.  Bring all your receipts, etc and don't hand over the keys until you have the check in hand. Then go, gladly, to another dealership that doesn't abuse its customers so badly. If you do end up keeping the car, don't plan on going back to that dealership.  Use another dealership for warranty work, and find a good mechanic for non-warranty work. Note that this solution isn't legally required in most jurisdictions. Read your contract and all documentation they provided at the time of sale to be sure, but it's unlikely that you are legally required to make another payment for a vehicle after the sale is finalized.  Even if they haven't cashed the check, the sale has already been finalized. What this solution does, though, is put you back in the driver's seat in negotiating.  Right now they are treating it as though you owe them something, and thus you might feel an obligation toward them.  Re-asserting your relationship with them as a customer rather than a debtor is very important regardless of how you proceed. You aren't legally culpable, and so making sure they understand you aren't will ultimately help you. Further, dealerships operate on negotiation. The primary power the customer has in the dealership is the power to walk away from a deal. They've set the situation up as though you no longer have the power to walk away.  They didn't threaten with re-possession because they can't - the sale is final. They presented as a one-path situation - you pay.  Period. You do have many options, though, and they are very familiar with the ""walk away"" option.  Present that as your chosen option - either they stick with the original deal, or you walk away - and they will have to look at getting another car off the lot (which is often more important than making a profit for a dealership) or selling a slightly used car. If they've correctly pushed the title transfer through (or you, if that's your task in your state) then your brief ownership will show up on carfax and similar reports, and instantly reduces the car's worth.  Having the title transfer immediately back to the dealership doesn't look good to future buyers. So the dealership doesn't want the car back.  They are just trying to extract more money, and probably illegally, depending on the laws in your jurisdiction. Reassert your position as customer, and decide now that you'll be fine if you have to return it and walk away. Then when you communicate that to them, chances are good they'll simply cave and let the sale stand as-is." "The long and short of it is, the mortgage company has a significant interest in the resale value of the home in the event of a default.  Imagine a scenario where you say to yourselves that you're not going to repair the deck just yet (""meh, we'll do that next summer"") and something happens that causes a default on the mortgage. The resale value of the home may be harmed by the deck, even though you're willing to live with it.  That being the case, the mortgage company has every right to insist that you carry out the repairs in order to maintain the property in salable condition, so the essence of it is, you don't have much choice but to do the repairs. Keep in mind too that the insurance company paid for the roof and the deck to be repaired.  If they were to learn that you now have no intention of using the money to repair the property, you could end up in legal hot water with them.  After all, you did accept the check for repairs that you're now not carrying out." "Without all the details it's hard to tell what options you may have, but none of them are good.  When you cosign you are saying that, you believe the primary signer will make good on the loan, but that if he doesn't you will. You are 100% responsible for this debt. As such, there are some actions you can take. First, really try to stress to your friend, that they need to get you outta this loan. Urge them to re-finance with out you if they can. Next look for ""better"" ways of defaulting on the loan and take them. Depending on what the loan is for you could deed-in-lue or short sale. You may just have to admit default. If you work with the bank, and try not to drag out the process, you will likely end up in a better place down the line.  Also of importance is ownership. If you pay the loan, do you get ownership of the thing the loan was secured against? Usually not, but working with an attorney and the bank, maybe. For example, if it's a car, can the ""friend"" sign over the car to you, then you sell it, and reduce your debt.  Basically as a cosigner, you have some rights, but you have all the responsibilities. You need to talk to an attorney and possibly the bank, and see what your options are. At this point, if you think the friend is not that much of a friend anymore, it's time to make sure that any conversation you have with them is recorded in email, or on paper." "That is called ""substitution of collateral."" And yes, it can be done, but only with consent of the lender. The ""best case"" for this kind of maneuver is if the second house is larger and more valuable than the first. Another possibility is that you have two mortgages on the first house and none on the second, and you want to move the second mortgage on the first house to the second one, effectively making it a ""first"" mortgage. In these instances, the lender has a clear incentive to allow a substitution of collateral, because the second one is actually better than the first one. The potential problem in your case, is if the second house were more expensive than the first house, you could not use the sale proceeds of the first house as to buy the second house without borrowing additional money. In that case, a possible solution would be to go back to the lender on your first house for a larger mortgage, with the proceeds of that mortgage being used to retire the earlier mortgage. Depending on your credit, payment record, etc. they might be willing to do this."