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Mortgage Servicing Error Attorneys in Tulsa, Oklahoma
Most mortgage servicers make mistakes. What makes those mistakes so damaging is that they are almost always in the servicer's favor — not yours — and when you try to get them corrected, the servicer often ignores you, delays, or makes things worse. A simple payment misapplication can spiral into false delinquency reports, wrongful fees, collection calls, and ultimately foreclosure proceedings — all because the servicer failed to fix an error it created. We hold mortgage servicers accountable for the harm their errors cause, and our results include some of the largest mortgage-related verdicts and settlements in Oklahoma consumer protection history.
Do You Have a Case?
You may have a mortgage servicing error claim if your servicer has:
Payment and Account Errors
Applied your payments to the wrong account or in the wrong order
Failed to credit payments you made on time
Assessed late fees or penalties you do not owe
Recorded the wrong monthly payment amount in your account
Failed to apply an insurance or tax payment from your escrow correctly
Escrow Errors
Miscalculated your escrow account causing artificial shortfalls
Failed to pay your property taxes or insurance from escrow on time
Forced you to purchase unnecessary insurance at inflated rates (force-placed insurance)
Refused to remove force-placed insurance after you provided proof of coverage
Loan Transfer and Modification Errors
Failed to accurately transfer your payment history when your loan was sold to a new servicer
Lost or ignored a loan modification agreement that was already approved
Failed to honor a forbearance agreement after the forbearance period ended
Mishandled a loan modification application causing you to be declared in default
Credit Reporting and Collection Errors
Reported your account as delinquent or in foreclosure when it is not
Continued collection activity or foreclosure proceedings in violation of a bankruptcy discharge
Failed to report your account correctly after a loan modification or payoff
Why These Errors Happen:
Mortgage servicing errors are rarely random. They occur in an environment where servicers cut costs by understaffing, outsourcing entire departments, and failing to develop adequate systems to handle their loan volume. When a servicer makes an error and you notify them of it, federal law requires them to investigate and correct it within specific timeframes. When they fail to do so, every day the error persists compounds the harm to you — and compounds their legal exposure.
The error is almost always in the servicer's favor. That is not a coincidence.
Your Rights Under Federal Law:
Federal law provides powerful tools for homeowners dealing with mortgage servicing errors. The Real Estate Settlement Procedures Act (RESPA) and its implementing regulation, Regulation X, require servicers to:
Acknowledge a written Notice of Error within five business days
Investigate and respond to your Notice of Error within 30 to 45 business days
Correct the error and provide you with written confirmation
Refrain from providing adverse information to credit bureaus regarding any disputed amount during the investigation period
When servicers fail to comply with these requirements — which they frequently do — they are liable for actual damages, statutory damages, and attorney's fees.
Notices of Error and Requests for Information — A Word of Caution:
RESPA gives borrowers two powerful written tools: a Notice of Error (NOE) and a Request for Information (RFI). Used correctly, these can be highly effective. Used incorrectly, they can undermine your case before it even begins.
Notice of Error
A Notice of Error puts your servicer on formal notice that you believe an error has occurred and demands an investigation. To be effective, your NOE must:
Be submitted in writing — a phone call does not qualify
Be mailed to the specific address your servicer has designated for Notices of Error — not your regular payment address
Include your name, property address, and mortgage account number
Describe the specific error you believe has occurred and why you believe it is an error
Request for Information
A Request for Information allows you to obtain documents and information from your servicer related to your loan and its servicing. Used strategically, an RFI can be a powerful discovery tool — forcing the servicer to produce records that reveal the full extent of their errors.
Be Careful About What You Find Online:
There is a significant amount of bad information on the internet about Notices of Error and Requests for Information. Form letters circulating online are often far too broad — and a letter that is too broad can actually hurt your case.
Overly broad RFIs — requesting every document ever associated with your loan — often produce one of two results: the servicer objects to the scope of the request, or they bury you in irrelevant documents that obscure the evidence you actually need. Either outcome weakens your position.
The same applies to Notices of Error. A vague or generalized NOE that doesn't specifically identify the error you believe occurred may not trigger the servicer's legal obligations under RESPA at all — or may give them an easy out when responding.
An effective NOE is specific to your situation — it identifies the error, explains why you believe it occurred, and requests a focused investigation. An effective RFI requests the documents actually relevant to your specific error — not everything under the sun.
Before you send any written correspondence to your mortgage servicer, it is worth consulting with an attorney. A letter sent with the wrong language or to the wrong address can fail to trigger your legal protections — or worse, can inadvertently create a record that makes your case harder to win. We can review your situation, help you understand what to request and what to say, and draft or review your letters before they go out.
Case Results:
$2.75 Million — Settlement — collection abuse and wrongful institution of foreclosure on a paid-off note and mortgage.
$1 Million — Settlement — wrongful denial of permanent mortgage loan modification and wrongful collection.
$880,000 — Judgment— following jury trial in May v Nationstar Mortgage LLC. Nationstar sought to collect 2,000 as “corporate advances” after borrower completed Chapter 13 plan and thereafter failing to correct its admitted error. Verdict was for invasion of privacy and violation of the Fair Credit Reporting Act.