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| Transferring
A Loan Between Lenders |
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What
Does Transfer of Servicing Mean? |
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When
you take out a mortgage with a mortgage company or a
bank, there is always a possibility that the lender
will sell or transfer
the servicing of your loan to another institution. Servicing
means the collection of payments and management of operational
procedures related to mortgages. When servicing is sold,
it means that another lender will be taking your payments,
handling your escrow accounts, paying your insurance
and taxes and answering your questions. This may happen
right after you close the loan or several years later.
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The
practice of selling or transferring
the servicing of your loan is legal and is very common
in the mortgage industry. When the servicing is sold,
it is usually packaged in a bundle with other loans.
Some mortgage companies only originate loans and sell
or transfer the servicing immediately. It is more cost-effective
for these companies to do this because servicing is
not a part of their business. It is not uncommon to
get your mortgage from a neighborhood lender and have
it transferred to an institution in another state. It
is also possible for your mortgage servicing to be transferred
more than once during the life of your loan. |
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Whether
or not your servicing is sold has nothing to do with
the quality of your loan or your payment history. It
has, in fact, nothing whatever to do with you personally. |
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The
company that holds your loan makes the decision to transfer
servicing to another institution. The company does not
have to ask your permission to transfer the servicing,
but it does have to inform you of the transfer. |
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The
transfer of servicing should not affect you or your
mortgage adversely. The original terms and conditions
of your mortgage will stay the same. Your interest rate
and duration of your loan will not change on fixed rate
loans. Your payment should stay the same or on the same
schedule except in cases where changes in taxes or insurance
requirements increase or decrease the escrow amount. |
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If
you have an adjustable rate mortgage (ARM), the original
conditions of the mortgage contract stay in effect and
the rate will change according to the adjustment periods
(i.e. every six months, annually, every three years,
etc). This information is contained in your contract,
but you are welcome to verify the information with your
new servicer. If your original lender agreed to let
you refinance to a fixed-rate mortgage within a certain
time-frame, you should ask whether this agreement would
be honored by the new lender. |
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When
your lender decides to transfer servicing, you should
receive a goodbye letter at least 5 to 15 days before
the date your next payment is due. The letter should
state who your new servicing company will be, where
it is located, the name and phone number of a contact
person or department, and where and when you should
send your next payment. You should also receive a welcome
letter from the new servicer that outlines the same
information. Both letters should give the name of the
new institution, a contact, phone number, (toll-free
if available), the new servicer's address, and instructions
for making your next payment. |
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It
is very important that you receive both letters. If
you receive only a letter from the new servicer, be
sure to call your original servicer to verify that your
loan actually has been transferred. It is extremely
important that you keep your servicer informed of your
current mailing address, so that you will receive all
relevant correspondence. |
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If
you have received both letters or have verified the
transfer of your mortgage with your old servicer, be
sure to send all payments from that point on to your
new servicer. If you send the payment to the old servicer,
you run the risk of the payment not getting to the correct
lender in time, paying a late charge or of having the
payment being lost. It is your responsibility to send
the payment to the new servicer once you are informed
of the transfer. |
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The
welcome letter from your new servicer
will often inform you if you will be receiving new payment
coupons. But if your payment is due before the coupons
arrive, write your loan number on the check and send
it to the address provided in the welcome letter. If
you have coupons from your previous servicer, you may
include this with your payment. |
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You
will want to read the welcome letter
carefully for payment instructions. Your payment date
will not change, since it is determined in your original
mortgage documents. If your mortgage is paid through
electronic funds transfer or automatic draft each month,
you will need to cancel that arrangement and fill out
new forms for the payment to be sent to the servicer.
Since this often takes time, you may need to send a
check yourself for a payment until your electronic funds
transfer is changed over. This is something that you
will need to take care of. The new servicer cannot take
the payment from your savings or checking account without
your signature. |
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If
you accidentally send your payment to your old servicer,
the company will usually forward the first payment to
new servicer, but they will not continue to do this.
By not sending your payment to the correct office, you
risk your payment being lost. There are some cases where
the old servicer no longer exists due to a merger or
take over. In that case, the payment may be returned
to you by the postal service after several weeks, which
may cause a late charge to be assessed to your account. |
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It
is always best to follow the payment instructions received
in the welcome letter or ask your new servicer about
alternate payment locations. |
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It
is your old servicer's responsibility to inform the
insurance company and your tax authority of the change
in servicer. A follow-up call from you the insurance
company or tax authority can help ensure that the tax
or insurance bill is not sent to the wrong servicer.
You should be able to find their number on your original
insurance documents. When you call the insurance company
or tax authority, make sure they have your current address
and phone number in case they need to contact you. |
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If
your escrow account is interest-bearing, all interest
due should be credited to your account by the old servicer
before the transfer takes place. Your old servicer is
responsible for handling these items prior to the transfer. |
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Some
time after your servicing is transferred, your new lender
will make an analysis of your escrow. During the analysis,
the lender reviews your escrow amount and determines
if it is adequate to cover the fees for your insurance,
taxes and any other premiums paid through escrow. If
the amount is found to be insufficient, the lender may
ask you to increase your regular monthly payment. If
it is your new servicer's policy to review escrow accounts
as soon as the servicing is transferred your payment
may change immediately, you should receive an explanation
regarding any changes. |
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If
you receive a notice that either your insurance or taxes
are due, call your new servicer and make sure that company
has on file that funds have been escrowed for the premium.
If the new company has not received a copy of that bill,
it will probably direct you to send in the bill for
payment. If you have a question after the transfer has
taken place, you should contact your new servicer, even
if your old servicer was the one that collected the
funds for your insurance or tax payment. |
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Some
mortgage companies offer to escrow life or disability
insurance (insurance that would pay off the mortgage
in case of death , or make payments in case disability).
In these policies, the lender who originally made your
loan is named as the beneficiary. If you have these
policies, your old servicer should inform you of what
effect the transfer of servicing will have on this insurance
coverage and what action you may need to take to maintain
coverage. |
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On
flood and hazard insurance, it is the responsibility
of the old servicer to provide the insurance agent or
company with a notice of transfer. The beneficiary may
be able to be transferred from one company to the other,
but it is wise to make sure this occurs. You should
make sure to transfer the beneficiary to ensure that,
in case of a claim, the check is written and sent to
appropriate servicer. |
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Make
sure that you find out which lender will be reporting
your interest paid for income tax purposes. Sometimes,
both lenders will report on the time that they had the
loan. Quite often, the new lender will compile the information
and send you one tax statement at the end of the year
that covers the entire year. You should find out about
this at the time of the transfer so that you know if
you should look for one statement or two at the end
of the year. |
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Usually
your old servicer will make sure everything is taken
care of prior to the transfer, but is in your best interest
to check on all details. It is best to ask questions
at the time of the transfer to make sure everything
is handled before your old servicing company purges
your records from its files. It is much more difficult
to get information from an institution that has not
handled your loan for the last six months. |
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If
you have questions regarding you specific transfer,
it is always best to contact your new servicer in writing.
At times of mortgage transfers, most companies are flooded
with phone calls so you may get faster and clearer information
through the mail.\ |
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Always
keep your servicer informed of any changes in your address
and phone number. Provide this information in writing
and forward it to the address indicated in your welcome
letter. This address is usually different from the one
that you would send payments. |
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When
your servicing is transferred, make sure you receive
both a goodbye letter and a welcome
letter. If you don't receive both letters, call your
old servicer to verify the transfer. |
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When
you receive the letters, read them carefully making
note of the new servicer's name, address, phone number,
contact name and payment information. |
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When
making your payments after your servicing has been transferred,
follow the instructions in the welcome
letter. |
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Make
sure that your insurance companies (homeowners, flood/hazard,
life/disability) and your tax authority have been notified
of the transfer. |
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Find
out which company will be reporting on your interest
paid for income tax purposes. |
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Ask
questions at the time of the transfer. If there is a
problem, it is easier to handle it as soon as it arises.
If you have questions after the transfer is completed,
contact your new servicer. |
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If you have
questions, please send email to JMJ Mortgage Capital. |
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