Bizarre Letter From My Lender

Bizarre Letter From My Lender

Real Estate Investor · San Pablo, CA · Member since 2008 · 50 posts · 12 votes

Not sure if this is the proper forum for this question but here is the situation.

I just received a letter from my lender on my primary residence. It basically states how much I owe on the mortgage and that if I wish to dispute this figure I must do so within 30 days. It just came out of the blue and I've never had a letter like this despite many loans over the years.

I am wondering if this is an attempt to find a legal way to disallow a shortsale on a primary residence, in other words, to work around the Homeowners' Exclusion Exemption in some way should I have to sell before the market recovers. (It is upside down)

I also wonder if this may be because they cannot produce the note and I'm hearing of lots of people disputing their mortgages because the note has been sold so many time that no one really knows where it is.

Anyone have any ideas? I'm thinking of disputing it just because I don't understand the implications of the letter and want to bide time until I figure out what their angle is.

For the record, I am current and always pay on time, so I don't have any clue why they sent this.

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  • Real Estate Investor · Chattanooga, TN · Member since 2010 · 151 posts · 59 votes
    16y

    That is bizarre. It can't be in your best interest. So I would dispute it and see what they say.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    16y

    I wonder if that's an attempt to premptively thwart a future loan mod. If you commit in writing to the current balance and later ask for a mod they trot out the letter. You could reply saying the balance is zero.

    This may be a letter created from an examiner or an audit. We get letters icassionally from one bank asking to verify balances on some accounts. They say "if this is correct no action is needed. If incorrect, call ..." They only come from one bank, and I know it's been subject to above average scrutiny.

  • Real Estate Investor · San Pablo, CA · Member since 2008 · 50 posts · 12 votes
    16y

    The letter gets more bizarre. Its two pages long.

    I've done some googling and it appears that what this letter constitutes is the beginning of "Administrative Process." If I don't reply within 30 days, their claim to the debt is valid. Any time someone makes a claim against you, you have the right to request proof of that claim. So I guess I will request that they pony up the original note, in better jargon, of course.

    I just don't know what they hope to accomplish and I hope its not to pursue a deficiency if I end up shortselling.

    I found out that this lender had a couple of cases settled in favor of the homeowner when they couldn't produce documentation of their right to collect the debt. The mortgages were wiped out and the homeowners ended up free and clear.

  • J ScottPro Member
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    Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
    16y

    I would reply with something along the lines of:

    "According to my records, the current balance of the note you hold against this property is $500."

    Or perhaps just a simple:

    "I dispute the figure you have presented."

    That way they are now back on the defensive, and perhaps you can get some additional information about what they're trying to accomplish...

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