Your Right To File Complaints
Private Lawsuits. If you have a problem, the best
place to have it fixed is at its source (the lender, settlement agent,
broker, etc.). If that approach fails and you think you have suffered
because of a violation of RESPA, ECOA or any other law, you may be
entitled to sue in a federal or state court. This is a matter you should
discuss with your attorney.
Government Agencies. Most settlement service providers
are supervised by a governmental agency at the local, state and/or federal
level, some of which are listed in the Appendix to this article. Your
state's Attorney General may have a consumer affairs division. If you feel
that a provider of settlement services has violated RESPA or any other
law, you can complain to that agency or association. You may also send a
copy of your complaint to the HUD Office of Consumer & Regulatory
Affairs. The address is listed in the Appendix.
Servicing Errors. If you have a question any time
during the life of your loan, RESPA requires the company collecting your
loan payments (your "servicer") to respond to you. Write to your
servicer and call it a "qualified written request under Section 6 of
RESPA." A "qualified written request" should be a separate
letter and not mailed with the payment coupon. Describe the problem and
include your name and account number. The servicer must investigate and
make appropriate corrections within 60 business days.
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