Initial Business Response /* (1000, 5, 2014/11/13) */
November 13,
*** J *** ***
*** *** Way
*** ** XXXXX-XXXX
Better Business Case # XXXXXXXX
Dear Mr***,
Thank you for your correspondence to the Revdex.comAlliant Credit Union (Alliant)
appreciates feedback from its members and takes these complaints very seriously
In your complaint you state that Alliant has misrepresented the terms in the original loan Truth and Lending Statement and that you have been charged late fees before the 15th of every monthYou further state that Alliant stated to have paid your real estate taxes when we have not and that the property is your responsibilityAs a resolution, you request that Alliant refund any charges that are not entitled to usYou would also like the original Truth and Lending Statement from *** with the signature page included
After reviewing the account, we show that all late fees were correctly assessed when a payment was received after the 15th day of each month according to the loan contractBelow is a list of the date the payment was made along with the due date
Due Date Date Payment Received
11/1/1/5/
12/1/1/13/
5/1/5/26/
6/1/6/29/
8/1/9/3/
9/1/9/23/
12/1/1/6/
12/1/12/30/
6/1/6/27/
12/1/1/3/
5/1/5/24/
7/1/8/3/
11/1/11/30/
12/1/1/4/
2/1/3/3/
7/1/7/31/
8/1/8/29/
9/1/10/8/
10/1/11/1/
11/1/12/9/
1/1/3/31/
Per the terms of the mortgage contract, the borrowers are responsible, when and where payable, the amounts due for any real estate taxes for your property pursuant to Section & Section of your Mortgage DeedIf Alliant has not been provided acceptable proof of the required real estate remittance, it is necessary to protect our interest by paying your delinquent real estate taxesAlliant does not provide an escrow for taxes and/or insurance for your type of loan
Section 3- Funds for Escrow Items states "Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow ItemsLender may waive Borrower's obligation to pay Lender Funds for any or all Escrow Items at any timeAny such waiver may only be in writingIn the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may requireBorrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase 'covenant and agreement' is used in Section If the Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section and pay such amount and Borrower shall then be obligated under Section to repay to Lender any such amount."
Section 9- Protection of Lender's Interest in the Property and Rights Under this Security Instrument states "If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and the rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the PropertyLender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceedingAny amounts disbursed by Lender under this Section shall become additional debt of Borrower secured by this Security Instrument."
Our records show that we sent you a letter in February, 2014, regarding your unpaid real estate taxes for 2011-(second installment), 2012-(total year), and 2013-(first installment) and the possibility that Alliant may elect to pay those taxes in order to preserve our lienAs the taxes remained unpaid following the notice, Alliant elected to exercise its right to pay the delinquent taxes on the property to prevent a tax lien on the property
A payment for the delinquent real estate taxes was sent to The County of *** on March 7, in the amount of $4,The delinquency was for taxes due 2011-This amount included the delinquent real estate tax amount and late penaltiesA letter was mailed to you on March 7, stating that a payment was sent for your delinquent taxesOn May 6, we received a Certificate of Redemption of Tax Default Property from the County of *** that the payment was received and applied
On August 4, 2014, we sent you a letter regarding your delinquent real estate taxes for 2013-(total year)If this amount is not paid within days of the first notice mailed, Alliant will exercise its right to pay the delinquent taxes on the property to prevent a tax lien on the property
Per your request, I have sent the Truth and Lending Statement along with the Deed of Trust, Mortgage Note and mortgage payment historyI have also included the documents verifying the delinquent real estate tax amount was sent to County of *** and received via *** *** deliveryThe tracking number is XXXXXXXXXXXX
If there are further questions or concerns with regard to this complaint, please do not hesitate to contact me
Sincerely,
*** ***
Member Engagement & Service
Alliant Credit Union
X-XXX-XXX-XXXX ext***
XXX-XXX-XXXX Direct
XXX-XXX-XXXX Fax
Initial Business Response /* (1000, 5, 2014/11/13) */
November 13,
*** J *** ***
*** *** Way
*** ** XXXXX-XXXX
Better Business Case # XXXXXXXX
Dear Mr***,
Thank you for your correspondence to the Revdex.comAlliant Credit Union (Alliant)
appreciates feedback from its members and takes these complaints very seriously
In your complaint you state that Alliant has misrepresented the terms in the original loan Truth and Lending Statement and that you have been charged late fees before the 15th of every monthYou further state that Alliant stated to have paid your real estate taxes when we have not and that the property is your responsibilityAs a resolution, you request that Alliant refund any charges that are not entitled to usYou would also like the original Truth and Lending Statement from *** with the signature page included
After reviewing the account, we show that all late fees were correctly assessed when a payment was received after the 15th day of each month according to the loan contractBelow is a list of the date the payment was made along with the due date
Due Date Date Payment Received
11/1/1/5/
12/1/1/13/
5/1/5/26/
6/1/6/29/
8/1/9/3/
9/1/9/23/
12/1/1/6/
12/1/12/30/
6/1/6/27/
12/1/1/3/
5/1/5/24/
7/1/8/3/
11/1/11/30/
12/1/1/4/
2/1/3/3/
7/1/7/31/
8/1/8/29/
9/1/10/8/
10/1/11/1/
11/1/12/9/
1/1/3/31/
Per the terms of the mortgage contract, the borrowers are responsible, when and where payable, the amounts due for any real estate taxes for your property pursuant to Section & Section of your Mortgage DeedIf Alliant has not been provided acceptable proof of the required real estate remittance, it is necessary to protect our interest by paying your delinquent real estate taxesAlliant does not provide an escrow for taxes and/or insurance for your type of loan
Section 3- Funds for Escrow Items states "Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow ItemsLender may waive Borrower's obligation to pay Lender Funds for any or all Escrow Items at any timeAny such waiver may only be in writingIn the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may requireBorrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase 'covenant and agreement' is used in Section If the Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section and pay such amount and Borrower shall then be obligated under Section to repay to Lender any such amount."
Section 9- Protection of Lender's Interest in the Property and Rights Under this Security Instrument states "If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and the rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the PropertyLender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceedingAny amounts disbursed by Lender under this Section shall become additional debt of Borrower secured by this Security Instrument."
Our records show that we sent you a letter in February, 2014, regarding your unpaid real estate taxes for 2011-(second installment), 2012-(total year), and 2013-(first installment) and the possibility that Alliant may elect to pay those taxes in order to preserve our lienAs the taxes remained unpaid following the notice, Alliant elected to exercise its right to pay the delinquent taxes on the property to prevent a tax lien on the property
A payment for the delinquent real estate taxes was sent to The County of *** on March 7, in the amount of $4,The delinquency was for taxes due 2011-This amount included the delinquent real estate tax amount and late penaltiesA letter was mailed to you on March 7, stating that a payment was sent for your delinquent taxesOn May 6, we received a Certificate of Redemption of Tax Default Property from the County of *** that the payment was received and applied
On August 4, 2014, we sent you a letter regarding your delinquent real estate taxes for 2013-(total year)If this amount is not paid within days of the first notice mailed, Alliant will exercise its right to pay the delinquent taxes on the property to prevent a tax lien on the property
Per your request, I have sent the Truth and Lending Statement along with the Deed of Trust, Mortgage Note and mortgage payment historyI have also included the documents verifying the delinquent real estate tax amount was sent to County of *** and received via *** *** deliveryThe tracking number is XXXXXXXXXXXX
If there are further questions or concerns with regard to this complaint, please do not hesitate to contact me
Sincerely,
*** ***
Member Engagement & Service
Alliant Credit Union
X-XXX-XXX-XXXX ext***
XXX-XXX-XXXX Direct
XXX-XXX-XXXX Fax