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Fazzio Law Offices

Irresponsible Mortgage Lender Leads to Woman Losing Half of Her Home

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Our QWR Forms Can Eliminate This Problem

     In a pending battle across state lines, the carelessness of banks and mortgage lenders resulted in a woman losing half of her property. Rosanne Di Guilio, whose property is located along the New York-Connecticut border, discovered that she lost ownership of her land within New York when her loan servicer stopped paying her property taxes in 2004. It has been reported in the news that the mortgage holder at the time escrowed both of the New York and Connecticut property taxes, but the New York property taxes were never paid.  The bank disputes this rendition of the facts.  Di Giulio has since lost half of her home to her very own neighbor, who bought it after it had been foreclosed on in a tax foreclosure sale.

     Di Guilio states, “I escrowed my taxes and thought they were being paid, but they never were.” She now potentially faces an uphill battle in court to overturn the foreclosure due to the two-year statute of limitations. 

     Don’t let something like this happen to you. At Fazzio Law Offices, we always make the effort to confirm that your escrow payments are being applied correctly. Our Qualified Written Request (QWR) form can help you ensure your escrow payments are being correctly applied. This form requires the bank to provide you with various pieces of information pertaining to your mortgage and your mortgage payments.

      In this particular case, it would be of utmost importance to review all of the escrow account disbursements and how each of these payments were applied.  Section 6 (e) of RESPA (Real Estate Settlement Procedures Act), 12 U.S.C. 2605(e), REQUIRES a response from the loan servicer to the QWR. Despite attempts by the servicers to avoid providing responses to these forms, there have been numerous cases in which the judge has forced the servicer to provide responses to the questions and statements within the requests. See Holland v. GMAC Mortg. Corp., 2006 U.S. Dist. Lexis 3458 at *4-6 (D. Kan. Jan. 30, 2006). The importance of responding to a QWR cannot be taken lightly, which is why submitting a QWR to a client’s servicer is always one of our first steps in making sure your rights are being respected in the foreclosure process.

     If you find yourself questioning the actions of your lender and their application of your payments on your mortgage account, call us today at (201)-529-8024 to set-up a free consultation. We can certainly assist you with taking on the fight with your lender and most importantly, we will assert all of your legal rights with an eye to getting you results

Category: Foreclosure Law


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