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well hello and welcome to our video my name is John Watson a consumer protection attorney in state of Alabama and I'm very excited to bring you this webinar because I have been asked so many times by consumers and even by other lawyers how exactly do you use a notice of error or a quest for information letter under the federal law of RESPA or ESP a and this is a law we use when we're dealing with our mortgage company and specifically we use these letters when our mortgage company is violating the law or is acting in a confusing way or it's trying to do a foreclosure when they have no right to do the foreclosure so that's what we're going to cover in this webinar we'll talk very briefly because we have other videos on this but very briefly about respite and then we'll really get into the theory behind notice of error letters and requests for information letters the main part of this webinar will be to go over some sample ones and you should have been able to download those if you have not downloaded those you may want to pause this video and maybe minimize it or get it smaller so you can see the text either under this video or maybe you're reading this on an article page but there should be a button or a link that says click here to get the sample dispute letters request for information notice of error letters if you don't see that maybe there's some technical problem just get with us you can par the easiest is good Alabama consumer comm there's a contact us button and if you just go there and let us know you're having problems we can email them to you or get them to you here so we're gonna go over these letters and they might be a little bit different which you get from what you see on the screen because we'll be tweaking these and modifying them updating them but it's not so much the details that matter it's the theory behind it and then we'll talk about some practical steps to take right now here's a disclaimer I know you know this I'm not giving you legal advice if you want legal advice you can hire me tell me your unique situation and then I can give you legal advice and that's how we traditionally have done this but I've been doing this long enough and I know that there are so many people that are struggling financially and they just cannot afford to pay a lawyer to help them to do these letters well that's the best thing to do okay to pay a lawyer he knows what he or she is doing but if that's not an option rather than just what we have in our other videos where we talk in general terms about these I want to give you actual sample letters that you can look at now you have to use your own judgement if you're representing yourself use your own judgment which letters to send how to modify them what new letters to send and what we're trying to do here is what's that old expression give a man a fish you feed him for a day teach a man to fish and you feed him for luck this is kind of that second one I want you to understand how this process works what's the theory of the letters why do we use the letters how do we respond to the mortgage company because this will help you to help yourself and even if you decide early in the process to hire a lawyer well hopefully you'll have more information more knowledge to be able to make a good decision on hiring a lawyer and if you go through you send letters maybe you get back some bogus responses which is pretty typical you send some more letters and you might do this several times and then you decide okay I think the mortgage company has violated law multiple times here now it's time to hire a lawyer to sue this company in state or federal court well then that will make it easier on the lawyer because you're bringing the lawyer for example if you come into my firm and I represent people all over the state of Alabama and this is really just for folks in Alabama by the but if you come to me and say here all the letters I sent here's the chart showing the letters the responses here's the inadequate responses I got back here's the proof that what the mortgage company did is wrong well then we may be having a conversation that same day about well let's sue the mortgage company rather than well you need to hire me to do these letters and then 30 45 60 90 days later we may can talk about suing so I think this will be helpful to you whatever position you're in now I don't view this as legal advertisement because I'm kind of showing you how to do this on your own but if it's viewed that way then let me give you this disclaimer required in Alabama no representations made quality of legal services be performed is greater than the quality of legal services performed by other attorneys all right this webinars for you if you're facing a possible foreclosure or if you believe your mortgage companies making airs or they're just doing things that you go I have no earthly idea why they are doing this we'll talk about that and specifically this is for you if you want to learn how to use these requests for information and notice of error letters we have other videos that talk about RESPA and pretty good detail but we're really gonna zero in on just using these letters so look at the title of this screen it's pretty bold statement make the difference in saving your home and losing your home and here's what I mean by that I have represented a lot of people using these notice of error request for information letters and we have seen foreclosures get stopped we have seen companies fix errors suddenly provide information that's been requested and we certainly have sued a lot of these companies and had very favorable results afterwards so these letters knowing how to use these letters along with other laws maybe the Fair Debt Collection Practices Act FDCPA the Fair Credit Reporting Act the FCRA Alabama state law this is this is not the only tool but it is a tool and a very powerful tool that can really make a difference for you here so I could do this for about six hours but I think I'd just be talking to myself probably after about the first hour hour and a half so I'm not sure how long this will go I'll just go through it as quick as I can but yet I want to give you details because I know folks that are potentially losing their homes if you're in that position and you're watching this you're motivated and you will want to soak up as much knowledge as you can and I'm going to make this as practical as possible and I will say this if you're watching this video and you say I'm looking for I don't think you would be but if you said I'm looking for the easy button I don't want to do any work I don't want spending money I just want to have my house and not have to make mortgage payments and not have to lift a finger please stop this video you will be incredibly disappointed and then want to know my other videos reading my other articles because you'll be very very disappointed what we preach here and we do it without any apologies you have to learn your rights discover your options but then you must take action knowledge is not power knowledge plus action is power so you have to be willing to work and particularly if you're not hiring a lawyer then you're going to be doing the work here you won't be paying money to a lawyer but you'll be doing the work now I'll give you as much detail as I can in a reasonable amount of time and I'll also give you ways to connect with us if you want to get further information there's a big change that happened January 2014 now RESPA and tea it's a Teela's truth-in-lending act most of us are familiar with that if you're taking out credit you got the little boxes across the top of the page you know mount finance how much you're gonna pay in charges the interest rate things like that those all have been around a long time but they were changed january 2014 and for our purposes well let me back up there were a bunch of changes made about when foreclosures can happen the timeline of foreclosures can the mortgage company talk to you about loss mitigation including a loan modification and foreclose on you at the same time when can they do that when can they not do that whole bunch of changes we cover those in other videos we're gonna focus on these letters because used to it was very difficult for us to get information out of a mortgage company so they might say to you we are rejecting your loan modification request because you didn't send us your tax returns okay so wait a minute I did send them to you and you know but there's really not much you could do about it or they wouldn't tell you if they got your documents or not and there's one mortgage company they had a room just filled with FedEx packages on open loss mitigation packages so much so that the floor collapsed okay so people were putting all this time effort sending the stuff begging the mortgage company to save their home and the mortgage coming isn't even opening them or faxes that are thrown away so there was we were really at their mercy but now we have these tools to fight back against them and that's what we'll look at three key points what are these letters the theory behind them and then the bulk of the presentation would be we'll look through I think it's maybe 14 examples and I'm just gonna get out of this PowerPoint presentation open up Microsoft Word and I've got the letters we're just going to look at and I'll walk us through it as we look at them so first key what are these letters RFI's request for information noe is notice of air here's what I want you to think about if you've ever had the experience and I bet you have where you go I do not know why the mortgage company is saying this or saying that that's what a request for information is you send it and you say tell me why you're doing this or tell me what documents you've received or tell me what documents you're missing or whatever it may be yeah so say they first place insurance on you where they say your insurance lab so we're putting this insurance it's like double the cost what request for information might be why did you do that when I've always had coverage through State Farm explain that to me okay or they reject your loan modification because they say you didn't send your tax returns and you say I sent my tax returns to you and a FedEx envelope here's the date you received it why are you saying that you did not get it so that's the what a request for information is I notice aver is okay I think the mortgage company made a mistake did something intentional to hurt me whatever it is we call that an error now like the name suggests I'm giving them notice of that error I'm saying hey guys you made an error here now you have to fix it so with requests for information when they get these letters they have to decide do I give you the information or do I not notice of error that is I do I fix this problem or do I say there is no problem and if a mortgage company does not give you the information or does not fix the problem then they better be right that you're not entitled to the information or there is no problem to fix because if they're wrong they can get sued for that and we'll talk about that in a second third Wilbert I have a peer special address you need to send these letters to the correct address normally it's on usually the back of the mortgage statement you'll see something says for notice of error request for information or qualified written request that's kind of the old version of what we're talking about request for information notice of error but for those types of letters here's the address you use it should be very clear on the website look in the contact us you should be able to call the mortgage company if they won't tell you what this is then let me know okay usually we run into mortgage companies that do that and that's a violation and there are ways to handle that but most of the companies will make it very clear what the address is if you send it to the wrong address whether this is fair unfair the letters no get have to send it to the correct address anyway I prove that the mortgage company received it so how do you do that well you want to definitely keep a signed copy a physical copy you scanned in also but a physical copy of everything you send to the mortgage company and you have to make sure that you can prove that they received it so you certified mail return receipt requested get through a green card back or you could use FedEx overnight it to them what you'd want to do though since it might be one envelope FedEx envelope that has 27 different letters in it you want to film yourself get somebody just pull out their iPhone or Android phone film you continuously as you sign the letters and you stick them in the FedEx envelope and you seal it up and then you can prove they received it and when the mortgage company says I will never got your FedEx package you go what yes you did you sign for it then they go oh okay well let's see we got it but there was only one letter and ya know there were 27 letters in it here's my video proving that I put all these letters in there just understand the mortgage company will lie to you and we can say well that's outrageous that's unfair shocked by that but ultimately you just have to understand that a lot of these companies will lines you set to protect yourself so you prove that they received it and prove what they receive now if they don't follow the law then we can get damages you can sue them and they can be forced to pay you damages it can be actual damages emotional distress maybe loss value in your house or you had a hundred thousand dollars worth of equity they foreclosed wrongfully you gave them a chance to fix that they wouldn't fix it while your damages may be a hundred thousand plus some you can also get what are called statutory damages and that can be up to $2,000 per violation we have one case right now I think we have about 80 violations that could be one hundred and sixty thousand dollars so a very powerful law and the mortgage company's got to pay their attorneys and they can be required to pay your attorneys the time I'm recording this our hourly rates four hundred dollars an hour so when they get sued they have to go huh okay we got caught broke the law we're going to pay the consumer quite a bit of money we're going to pay our lawyers like three hundred dollars an hour and we meant to pay the consumers lawyer $400 an hour Wow this can get out of hand let's try and resolve this thing early on to stop the bleeding yeah they don't have to do that but the smart ones will alright what's the theory the theory is we use notice of error to fix errors and we use the request for information to gather information and these are not one-shot deals we don't go why sit on one letter now you might have sent them a dozen letters two dozen letters and then you may have to do another round of letter so let's look at this I know a lot of this we've already talked about so I'm just going to cover briefly notice of error is hey mortgage company you messed up you made a mistake you did something intentional it doesn't really matter there is an error I want you to fix it and I'm giving you a chance to fix it that someone was like telling the bank robber hey we see you with a bag of money put it back in the vault do not leave the building well in this situation if they put it back in the vault a lot of times you can't see them at least under RESPA so that's the advantage they have is they get to bake the wall and if they get caught they can fix it but I'll tell you there's a lot of times they do not want to admit that they did anything wrong and a lot of times they just refuse to fix it well what's a request for information that's when you say give me information and a lot of times the mortgage companies will say no you're not entitled that that is secret information have you even had them well we say give us a list of all the documents we've sent you as we've applied for our loan modification they go no that's confidential ok those are my documents I sent you they're not confidential to you they're confidential to me they go oh no no what we receive and what we do with it is top secret well that's fine except the law says it's not and if they refuse to give it then we may sue now I'll tell you one thing about these letters a lot of times they go hand in hand so you asked for documents so let me give you this example so mortgage company says we're turning you down for a loan modification because you did not give us your bank statements there you go actually I did she sent her a request for information say why did you say I didn't give you my bank statements when I sent you these bank statements you know 45 days ago you signed for them on this day here's the proof so that's asking information but they also made an error so you send a request for information to ask why but then you send a notice of error saying you made an error rejecting my loan modification because you said the only reason you rejected it is you did not have my bank statements but I sent you my bank statement so you need to fix this now always think about the if you're sending a request for information there's probably a notice of error that goes with it certainly if you're sending a notice of error there's going to be a request for information with it as well and we really get into this after the initial set of letters when we start getting responses back then that's when we typically will see kind of for every issue a notice of error and a request for information and that leads me to this point you have to be persistent you have to get the answers or the help you need to protect your home mortgage company may ignore your letters well they do that sometimes will resend the letters and we write across top oh you ignored this letter this is my second request answer it and then we may send a notice of error for that and say you made an error ignoring such some such letter fix that air well now read it they do okay so now they have some questions to answer and you know do they go yeah you're right we ignored all this or do they double down and just ignore everything again I've seen them do it both ways they you may send them 27 letters and they answer only one question as if that was your only question they may be vague and so you every response you get back or if you don't get a response back you want to sort of imagine that you're holding that in your hand either response or no response a vague response whatever it is and say how can I follow up on this request for information and notice of err did they do something wrong in this response well then tell them they did something wrong are you confused by why they didn't answer or why they only answer part of it or maybe they gave a very detailed answer but you're still confused on it send a request for information about that third key is let's look at examples again you should be able to download these if you have any trouble with that good Alabama consumer comm contact us let us know you have to use your judgment which letters to use and which new letters for you to create because you're dealing with your own unique situation these are just to kind of get the the juices flowing here so you understand the theory of these the modify them and again not all these are going to be appropriate I'm just giving you some different samples and I'll tell you this usually if somebody hires us to do this we're sending out 15 20 30 letters pretty rare we only send out one or two occasionally that's happened but normally there's a pretty good batch of letters going out so you want to use these often make sure you do that special address here's one thing this third point before we get into the samples you'll notice that typically the letter is very focused on one issue one question one dispute I typically don't recommend sending one letter that has 17 questions in it and the big reason is mortgage company will say we got confused there were so many questions no each letter is very specific very easy to understand and this really comes from trial testimony so this would be a bad question to ask in trial do you admit that you were going north on i-65 at 70 miles an hour in a blue car on Tuesday at 10 o'clock because if any of those things is not correct then the person can say no so instead you want to break it down say on Tuesday you're in your car right yeah and it was ten o'clock yeah and you have a little car yeah and you were going north on i-65 yeah and you're going 70 miles now no okay well how fast were you going well I was going 65 miles whatever did so we want to break things down into very small sections so that there's no excuse for the mortgage company to refuse to answer this we talked about doing a certified or FedEx and then the request for information you should say is there an error that's been made and maybe when you initially do these it may be predominantly request for information without notice of errors or at least without as many but always ask yourself I'm sending a request for information is there an error that's been committed it's certainly if you're sending a notice of error you should be saying okay there's bound to be a request for information that I can use the goal of fighting back is to win is to get the mortgage company to do what they should have done in the first place and if they refuse to do it and you have to sue them then the goal is to use the lawsuit to motivate them to do the right thing because now they have to pay money damages and attorneys fees to their lawyers and to your lawyers so this is the thing too maybe it's the wake-up call that they go oh okay now I will do the right thing so that's the goal we're not at the end of the presentation but we're at the end of the PowerPoint part here we're going to jump over to Microsoft Word and look at these letters but just remember you can get in touch with us two oh five eight seven nine two four four seven or Alabama consumer comm also have my email on there if if you're going through this process and you need a lot of help you know unfortunately I just simply to be blah I don't have time to help people because I get so many requests about this because so many people are facing or closure so I really can't you know look over your letters for you but if there's some you know you have a problem downloading these or if you say I think the mortgage company has done something wrong and I want to talk to you about suing them yeah definitely get in touch with us and we'll be glad to chat with you about that we just simply don't have time with the clients that we have because that's who we owe our our you know highest obligation to I've got to make sure we take care of our existing clients so I can't you know help you send out these letters that's really why I'm doing this webinar this video but if you're in a position where you think you know you might be ready to hire a lawyer and you've already done these letters maybe several sets of them then definitely get in touch with us so let's look at some examples here and I will pull up Microsoft Word and hopefully if I've done this right these would be and roughly the order that you'll get these when you download them so you'll notice this is just a template letter you want to put the day you want to do certified mail or maybe overnight now put the company put that address in the regarding you put your name account number property address and then you know this is how I have it you could put it dear sir/madam or however you want put it please accept this letter under RESPA and/or Tila some of these do relate to Truth in Lending Act so we don't want to just say that they're RESPA but predominantly they're respite then here in the brackets you want to describe well what is the information you're looking for or what's the error that you think has occurred and then you want to say here's why I need it and you'll see in some examples and then you know just be polite thank you for cooperating we don't want to lose our home and then you would sign it your name your spouse's name yeah obviously if you're saying oh you just would change some of this you know where we say up here is we our you know as I do not want to lose my home but this is just a template now second one and you'll see up here we have them labeled and had the number just so they'll sort and then kind of a description so this is request for information on the servicing file so again all the same is you know all this will be the same because you're going to have your name account number property address please accept this letter here's the heart please provide to us copy the complete servicing file for the above referenced account the servicing file is what the mortgage company has that documents phone calls letters going out letters coming in internal conversations it's where they keep all their notes and you want that now they'll almost always say you're not entitled to it and that's simply not true but let's ask them for it let them reject it and then you follow up with it so we need this as we're confused about what has happened on our loan believe you have made errors no I only leave that in if that's accurate obviously change whatever you need to change the complete servicing file will help us figure this out thank you for your cooperation all right so another example is the current owner and servicer yeah there's a lot of confusion who actually owned your loan you know I I took out a loan from a particular bank and that's where I made my payments to and then it switched to another company made my payments there they switch back to the original company and then I got a letter from Fannie Mae yeah and this just goes on and on so it's like well who is the owner we want to know and you're entitled to know well who's the master servicer servicer is the company that is responsible for taking in your payments making sure you're paying on time making sure you have insurance making sure your taxes are paid and usually there's you know one of those but often there's a master company and then a sub servicer sometimes called a current servicer so I've seen situations where you dealing with Bank of America and then you get a letter from some other company saying we're now the servicer the truth of the matter is Bank America still back there controlling the shots here calling the shots so this is what you want to know we don't wanna lose our home this information will help us so here's another example all loss mitigation options this is key the wording of this identify all loss mitigation options that are possible on this loan not what have you considered me for or what if I asked you for but tell me the universe of loss mitigation options now loss mitigation means anything to avoid a foreclosure loan modification short sale deed in lieu of foreclosure principal reduction deferment forbearance there's a dozen different things and you're saying I want to know all of those what are all possible options let's say all times mortgage company go what we only want to talk to you about loan modification no I want to know all the options out there now when you look at the next letter this is asking for the pooling and Servicing Agreement which is a document as I'm not going to get into all the ways the financing works but typically your loan is not held by the bank it's sold to a trust and there's an agreement there that controls that trust and you're saying give me that document or at least the portion of it that talks about loss mitigation and then I want the loan schedule that shows our loan is in that so hopefully this makes sense you're saying show me whatever document you're sending me that that actually covers my loan don't send me the loan or the agreement for some other trust that my loans not a part of I want to know what document controls my loan and then I want to see that document because I want to make sure I'm being considered for all loss mitigation options okay so the the previous letter says tell me what they are but what did they like to you so you want this document so you can see with it now we're not asking this for some argument about securitization is this great evil there are a lot of problems with it but this is very very focused I want to know for my agreement that controls my loan what loss mitigation options are possible because we find companies that will say we cannot do a forbearance absolutely forbidden to do it but this document says of course you can do a forbearance well then they like to you so we want to know that now the next letter and you know people might look at this letter in the previous two and say well they seem pretty similar but there's there's enough difference there to break these out this says give me a list of loss mitigation options we've been considered for so the first one that we talked about was all that are possible then give me the proof about all that are possible now this one says alright tell me what you've considered me for because I want to know and I want to know the outcome and all the documents are provided to you or that you've reviewed or you've considered I want to see this I want to make sure you're doing this properly and we don't want a foreclosure all right so the next one is I want an itemized payoff statement okay so if I want to pay off my loan right now give that to me and break it down sometimes there'll be these bogus charges that are put on these statements here and so we want to see if they go was $200,000 pay off your loan right now well what if there's eighteen thousand and corporate advances and you're gone well what in the world is that because that may not be legal for them to put that in your particular situation then this one says give me an itemized reinstatement amount to the one we just looked at was a pale this is a reinstatement which typically means to get your loan back current so it might be $5,000 $10,000 $2,000 to reinstate it the previous one is to pay it off all right this is what's called an itemized life of loan transaction so I want to see something that gives me the balance all the payments all the fees all the charges the you know we have all these examples you know property inspection broker price spending legal fees escrow fees processing people whatever it is and because half of these it's like being in a foreign language give me a list of the codes I want to be able to understand what this document shows and this can be very helpful because you'll see on there that maybe they're pulling in two thousand dollars a month out of your bank on the first but they're not crediting it to your account till the 20th and they're charging you a late fee on the fifteenth well wait a minute that's not right and so now you got all these late fees and they go because you're late we did a drive-by inspection every month and we got a broker price opinion and we hired a foreclosure lawyer and you're going hey you you took the money from me on the first it's not my fault that you held it that long this is to help you figure that out obviously they're doing that what would you do you'd send a request for information why are you applying my payment on the 20th when you take it out on the first there'd be a notice of error you made an error doing this now fix it all right so this is just kind of a general notice of error you made an error by you list what was done wrong this has hurt us because you described it we want you to fix it it's okay to give a suggestion how to fix it but you do want to be careful that you don't limit yourself see if the mortgage company made an error it's their obligation to fully fix that error so you don't want to say for example you may never foreclosing and so I need you to undo the foreclosure and that's it well no they need to undo the foreclosure they need to not charge you the fees they need to fix your credit report all these different things they need to do so you you can again give them some help but you always want to say something like I want you to fully fix this problem so here's one force place insurance you may in error by force placing insurance on blank date this is an error because on such a such day we provided proof we had insurance no reason this has hurt us and we want you to fix it okay to fix it fully fix it in the time period take this insurance way make sure you fixed any errors billing late fees credit reporting we don't lose our home we've seen people lose their homes because of bogus force-placed insurance and we don't want to pay more than we're supposed to pay so sometimes they committed error and it has like a domino effect well now these late fees are there and now that triggers this and now it triggers that and next thing you know you're like losing your house because of one what seemingly is a small error but it was the first domino it knocked all these other dominoes over that leads to you losing your home so here's an example foreclosure you made an error by foreclosing on us on blank day this was an error because whatever it is you did the loan modification loss mitigation you reinstated the loan whatever it is that you think means or proves that the foreclosure was wrong now this is kind of obvious but it'll hurt us because you're trying to kick us out of our home and we want you to fix this so you could reverse the foreclosure so that legally it never happened okay so there are certain ways they can do that get rid of charges fees fix credit reporting you know how to fix it I mean they did the foreclosure so they can figure out how to undo it properly to fully fix the air and you're giving them a chance to fix it here so that's an example of a notice of error here's one that we see sometimes and I've kind of referenced this I think earlier in the webinar let's say to you and we'll use this number yep pays $5,000 by the end of the month and you're reinstated till you do that and then they reject the money well there would be a request for information on that right you'd say why did you do that this is the notice of error you may never reject our recent payment of you know the dates and the amount of this you sent this back to us by letter dated you know whatever it is you just you want to document everything there's an expression in the medical field if it's not charted it never happened you want a document document you also want to save envelopes anything you get from mortgage company these guys are famous for I guess I should say infamous for let's say they tell you this is unrelated to what we're talking about exactly here but I just wanted to make this point they'll send you a letter dated the first that says you have 14 days to get us your updated bank statements you look at the postmark this postmarked on the 16th and you get on the 18th they're like well I'm sorry it's too late well if you don't save your envelope of course they lie about that oh no no of course watch me why would we hold it well they hold it because they want you to be late they actually make more money when they can foreclose on it's a crazy world but you want to bear the show from that envelope so you document this going back to this letter this is an error because on whatever date you told us we can make a payment of whatever amount you would accept it here's a copy of the letter the email that said we could do this we complied with the and see if you had followed what you were telling us to do mr. mortgage company we would be current or reinstated or closer to being current and now you're trying to take our home so we want you to fix this okay and again fully fix it here's another example very common they turn you down for loss mitigation which again may be loan modification short sell whatever it is because they say you didn't give us the documents by the 15th and you actually did so you made an error turning us down for loss mitigation claim we did not give you the documents by or whatever the reason is this is an error because we're enclosing proof that you received the documents maybe it's fax confirmation maybe you sent them by email and you get an email back saying thanks for sending those bank statements this is all we need and then a week later you get a letter saying we're gonna foreclose and take your house because we're rejecting your loan modification because you never sent us a bank statements you're like oh my goodness I've got the the email where you thanked me for sending the bank statement this is not unusual with these mortgage companies you know again how does this hurt us well you're trying to move us into foreclosure I want you to fix this thoroughly fix the error so you know I could go through a dozen more of these but the real point of this is to understand how do these letters work something confusing x' happen send request for information they make an error send a notice of error and then when they start responding back to you so like this one so you send this header and they write you back and go well we did not make an error because you did not include the profit and loss statement yeah well they never say anything about profit and loss she sent a request for me why did you say I needed a profit and loss when your letter of blank date said the only thing you need is my bank statement and we sent that to you well doesn't it sound like they've made an error because now they're kind of changing the rules saying oh well it wasn't your bank statements it was not having a profit loss that's why we're turning you down see send a note severe you made an error turning me down for not providing profit loss because you never asked me for it and look at your letter of whatever date it says clearly I just have to give you my bank statements by Twitter the 15th and I did that how the mortgage company's guy go oh man somebody's actually following up see they expect you not to follow up they expect you not send any of these letters certainly not to send a second set or a third set or a fourth set well it's almost like you're having a conversation with them in writing and they are not expecting that because most people frankly won't take the time they get frustrated they go this is too much work but if you're starting with me you're not gonna say that you're gonna keep doing this so when you get a letter back always go do they fully address what I put in my letter if so great okay but if not can I send a request for information can I send a notice of air and let's keep the process going okay I believe the last document we have is this little chart now I did this in word because a lot of people here are not overly familiar with Excel and frankly sometimes the Excel spreadsheet confuses mate so this is very simple for me you obviously can put this in an Excel spreadsheet if you're more comfortable with a spreadsheet it's just very simple chart so here in this first column we say what's the letter sent so you come over here and say you know ask for a complete servicing file just some real description so that you know here's the date I sent it here's the date they sign for it or it was delivered now they have five business days from getting your letter to acknowledge getting it okay so if you send it on a let's say a Tuesday or they get it on Tuesday then Wednesday is day one Thursday Friday skip Saturday and Sunday Monday - so by the following - you say they should be sending you a letter acknowledging that now if you send them 50 letters I could send you one letter back says we got all of your letters we're acknowledging receipt it's just to let you know they got them now if they don't do that that's a violation wall for every letter that's my view of this every letter they don't acknowledge that's a violation remember that could be $2,000 per letter now we need to say in here the date the company that they say they got the letter okay so what's the date of that letter so let's say you send it on January the 1st they get it on January the 3rd say five business days is what January the 10th well what's the date of the letter because here's what we've seen before though they might date it January the 10th but the date of the envelope might be January the 30th and they go oh we dated the letter within five business yeah you got a mail it okay I mean these mortgage companies if you say to yourself there is no way they would do something so stupid so Airy yes they will they have and they will it's just who they are I've told people this story before and you may have heard this as a kid the Scorpion and the Frog so the Scorpion says to the Frog mr. frog let me get on your back and you swim us across the river so I can get to the other side frog cuz mister scorpion do I like crazy if I let you on my back you'll sting band I'll die and score pinkos seriously mr. frog if I did that as we're going across the river and you died I would die too hmm okay that makes sense frog goes uh that sounds good so get on my back so I swim halfway across the river yeah boom scorpion stings the Frog and as the Frog is dying and about to go under he goes mr. scorpion what did you do that for I'm dying and you're gonna die and the scorpion goes that's what we do we sting frogs okay so I understand these mortgage companies will do dumb stupid just crazy things even though it hurts them they'll do it because that's just their nature so you have to protect yourself so here's what I sent the letter when they got it now I'm going to count five business days forward that's the due date all right when I get a letter acknowledging it what dates on there and how about the envelope now the actual substantive response so give you the information or fix the air or say they're not going to do either one of those when's that well that's 30 days from when they actually got it 30 business days so we go five business days but then we also go 30 business days now what's the date of the actual response is that what's in here the same as what's over here then how about the date on the envelope again I well we have a current lawsuit right now where say the due date to substantively respond is you know January the 20th so they date the thing January the 18th looks good right they don't know it till January the 30th well that's not responding in time I think every single letter they do that on they have committed a violation and that can be $2,000 per violation now there's a whole bunch of legal things about when you consume how you consume how you prove that you have a valid case my suggestion is don't be overly worried about that you focus on getting the information you need and getting them to correct errors and then if they don't do that then sit down if you're in Alabama you're welcome sit down with us or sit down with another lawyer who understands this area of the law and then let us or let that other lawyer explain to you and talk with you and and all of us will figure it out together can we sue should we see should we do more disputes or as a mortgage company done everything right occasionally that happens normally though if you've been persistent sending letters you got this first side maybe you send out a second set third set fourth set however many you do and obviously take as much room as you need this is just to show you on one page then you know if they are not fixing the problem then either you are confused with what you're allowed to do or they're confused and what they're supposed to do and we'll be happy to help you look at that typically when somebody comes to me and they've been engaged in this process it's the mortgage company that is just acting crazy and there's no magic language with these letters you just you know you go I don't know why you're doing this Bank of America or Ocwen or whoever it is explain it or I don't know why you did this but I want you to fix this air and a lot of times we just see this arrogance of net we don't have to pay attention to your letters we deem your letters to be frivolous well you can deem them whatever you want you still a better acknowledge them within five business days you still better give me a substitute response or we're going to be having a very interesting time in court and these companies some of the the folks that represent these companies and the companies themselves have said we are not going to comply with because we think so few consumers will actually sue us the ones that do most of them will do it on their own and they will mess it up or we will be able to outmaneuver them in federal court and if by chance some lone person actually gets to a lawyer who knows what he or she is doing then we'll settle it but we'll make a lot more money with this approach rather than actually complying with the law so you know what test them on that theory let's prove them wrong on that let's make them spend more money and attorneys fees and paying money to you paying money to their own lawyers then they would ever have had to pay if they just followed the law because that's the only thing that'll get their attention and make them go okay let's change our policy here so again if you have more questions you know our website Alabama consumer comm we have a lot of information there if you are at the point where you've done this and you're ready to meet with us because you think maybe it's time to sue them or if you decide you know what I think I'd rather hire you guys to help me do these letters whatever your need is just feel free to reach out to us two oh five eight seven nine two four four seven that's area code two oh five eight seven nine twenty four forty seven we represent people all over the state of Alabama so wherever you are Huntsville to mobile do--the and wherever you are it doesn't matter we'll be happy to represent you and and we can talk about what your situation is what kind of cost there is usually if we're just suing the company then we do that on a contingency you don't pay us any money it might be you need help with letters and then we'll talk to you about what the charge would be for that but we'll explain everything to you before we ask you to sign anything so you know exactly what's happening and what your situation is and what we're doing for you so I appreciate you stick with me hopefully this has been helpful to you and encouraging you to take action remember knowledge is not power knowledge is potential power knowledge plus action is power so by going through this video you know more than I don't know 99% of all lawyers in the nation about respite but if you don't do anything with it then you really just wasted your time so I don't think you'd be that person you wouldn't still be with me take action do something on this to try to save your home and remember I'm not trying to discourage you from getting with the lawyer I think the best thing is to get with a lawyer immediately but I understand sometimes that's not an option so hopefully this gives you some powerful information and some encouragement to take action and this will help you to be successful if we can help you in any way to a 5 8 7 9 2 4 4 7 or Alabama consumer calm again my name is John watts I so much appreciate you being with me and I look forward to hearing from you and even if you don't need us if you do this and it's successful and you get the mortgage company to do the right thing let us know we love to hear success stories and you know I am thrilled if somebody doesn't need me but they've been able to take the information we provided and be successful that's wonderful but if you do need us we're here happy to talk with you about helping you and if you have suggestions for other videos or webinars feel free to get those to us also so thanks a lot and you have a great day bye-bye