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J. Your Rights to File Complaints
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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.
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Government Agencies: Most settlement
service providers are supervised by a governmental agency at the local,
state and/or federal level. 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.
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Servicing Errors: If you have a question
any time during the life of your loan, RESPA requires the company collecting
you loan payments (your “servicer”) to respond to you. Write to your servicer and call it “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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