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What Does Transfer of Servicing Mean?
When you take out a mortgage, 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.
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.
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.
How Does It Affect Your Loan?
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.
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.
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.
When Will You Be Notified?
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.
An Important Consumer Safeguard
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.
Where Do You Pay Your Next Payment?
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.
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.
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 new servicer. Because 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 need to take
care of. The new servicer cannot take the payment from your savings or
checking account without your signature.
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.
What Happens To Your Escrow Account?
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 to the insurance company or tax authority can help ensure 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.
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.
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.
What About Insurance Policies And Taxes?
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 them 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.
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 what effect the transfer of servicing will
have on this insurance coverage and what action you may need to take to
maintain coverage.
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.
Who Sends You Your End Of The Year Tax Statement?
Make sure 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.
Do You Have More Questions?
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.
If you have questions regarding your 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.
Consumer Checklist
- 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.
- 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.
- When you receive the letters, read them carefully making note of the
new servicer's name, address, phone number, contact name and payment
information.
- When making payments after your servicing has been transferred, follow
the instructions in the welcome letter.
- Make sure your insurance companies (homeowners, flood/hazard, life/disability)
and your tax authority have been notified of the transfer.
- Find out which company will be reporting on your interest paid for
income tax purposes.
- 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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