I just ran across Marazz/AZ's post that got kinda buries yesterday and was so impressed I wanted to repost it so that those dealing with nonpayment can get another look. It's good! Here goes:
"I'd write letters to anyone and everyone connected with the assignment, and most importantly send a copy of the letter to the compliance officer at the lender. Call the lender's main information number, ask who their compliance officer is and address the letter by name.
Also make sure you write a letter to HUD and/or FHFA. If the HUD-1 shows the borrower paid for notary services and you did not get paid, someone could be guilty of a RESPA violation.
Before I did any of that however, I'd write up a letter saying that is what I will do, and send it to the signing service, the loan officer, and the title company. I'd also mention in the letter that the homeowner will be copied on all documents going forward because although you know they are not responsible for this, you want them to be aware of what kind of people they are doing business with. I'd also mention in my letter that I'll be watching the public records and when I see that this loan has been sold I'll be sending all this information to the new lender, because, if the people involved in the transaction are being dishonest with you who knows what else in that file is iffy, and I'd suggest they audit the whole file.
I would not imply, in any of those letters, that you believe anyone but the signing service is responsible for paying you. But you want to advise them of possible RESPA violations and let them know that their vendor is less than scrupulous. No one wants problems from an affiliated business and if you make enough noise it could be come uncomfortable enough for the SS to pay you just to shut you up. Squeaky wheel gets the grease. Get to squeaking. Good luck."
Me: Right on, Marazz! This is the best pay-up post I've read here in forever! Another approach (if you didn't want to get into the whole RESPA violation thing) would be to threaten litigation (whether you plan to actually file small claims or not is beside the point) and tell the SS that all parties involved will be kept in the loop on the basis that even though they are not responsible for your fee, they need to be kept updated as to any legal action concerning a transaction they had a hand in.
I've long advocated notifying everybody we can think of including the lender, borrowers, LO, HUD, FBI internet fraud.com, TC, and everybody listed on the HUD and in the loan docs. List the appropriate parties by name and include their addresses, so the deadbeat SS knows you're serious about notification. The whole idea is to get paid and, as you said, somebody along the line will probably make sure you do just to shut you up. I especially like including the compliance officer and any new lender (hadn't thought of that)! |
