VIA FACSIMILE AND CERTIFIED MAIL
Medford, MA 02155
Attn: Customer Service
P.O. Box 4622
Waterloo, IA 50704-4622
To whom it may concern:
I have recently refinanced my home mortgage with GMAC Mortgage and paid the existing account in full (Account # xxxxxxxxxx, paid November 1st, 2007.) As part of this process, a total of two (2) payoff statements were requested: one when the refinance/payoff date was scheduled, and a second on the date of the refinance closing (Nov. 1 2007), since I had made another payment on this account since then.
However, the invoices I have received by mail (closing dates Nov. 1 2007, received Nov. 14 2007, and closing date Oct. 1 2007) include charges for a total of FIVE (5) payoff statements totaling $100.00 in charges, including multiple payoff statements on Nov. 1 2007. Consulting with the closing attorney (Wade Sauls, Sauls and Associates) alleged to have requested these additional statements confirms that these additional fees are in error, and only two (2) payoff statements have been requested. The erroneous nature of the additional payoff statements and associated charges is further reinforced by the fact that multiple requests for payoff statements are claimed to have been made on the same day by the same office, November 1, 2007. Such a pattern of requests is highly unusual and would not be necessary in nearly any legitimate circumstance.
In the course of attempting to resolve the matter by phone on Nov. 15, 2007, I dealt with two GMAC Mortgage representatives, the second of which was extremely rude. The first representative confirmed that his records indicate a total of five (5) payoff statements requested by Sauls and Associates. After hanging up, calling the office of Sauls and Associates and verifying that only two (2) payoff statements have been requested, I again called GMAC Mortgage Customer Service. The representative (no name given) again confirmed the five (5) charges, and further claimed that GMAC Mortgage, Inc. had proof that all five had been requested by Sauls and Associates, but refused to produce or fax this alleged proof. Instead, the representative demanded that I fax GMAC Mortgage proof that the requests (including alleged verbal requests) had NOT been made. A moment’s thought will reveal that this is a physical impossibility and does not constitute a reasonable request. I asked at this point to speak to a supervisor, but was denied (he asserted no supervisor was available and took my phone number, but I have not received any further contact). By this time, however, the number of payoff statement requests alleged by the GMAC representative had jumped from five (5) payoff statements to EIGHT (8) PAYOFF STATEMENTS alleged to have been requested. The representative made this claim multiple times. Again, no such additional requests have been made by Mortgage Master Inc., Sauls and Associates LLC, or myself. As the November 1, 2007 billing statement only shows five (5) payoff statements, and the mortgage was paid in full on this date, I can only assume that these additional alleged requests (if not an outright fabrication by the representative) occur after November 1, 2007, meaning payoff statements were allegedly requested on an account that has already been paid in full and closed. Again, the unusual nature of these alleged requests strongly suggests an error on the part of GMAC Mortgage.
From the above information, it is clear that I have been erroneously billed for multiple payoff statements on this account. To correct this error and forestall future errors of this nature, I, (myself), hereby demand the following:
1) I hereby demand reimbursement in the amount of $60.00 US Dollars for the three (3) erroneous charges, PLUS any additional payoff statement fees not appearing on either the October 1, 2007 statement or the November 1, 2007 statement.
2) Further, I hereby demand that, effective immediately, NO FURTHER PAYOFF STATEMENTS be made on any account held by myself, (myself), NO REQUESTS FOR PAYOFF STATEMENTS be honored on any account held by (myself), and NO FEES FOR PAYOFF STATEMENTS on any account held by (myself) be assessed, without a WRITTEN REQUEST SIGNED AND DATED BY (myself). GMAC Mortgage shall be able to produce proof of such requests on demand and at no cost to (myself), or authorized agents of (myself).
I expect to receive confirmation from GMAC Mortgage that this letter has been received and corrective actions have been taken no later than Monday, November 26, 2007. If I have not received such confirmation by this time, additional actions will be taken.
Respectfully submitted Thursday, November 15 2007,
Enclosures: (1) Copy of November 1 Account Statement, (2) Copy of October 1 Account Statement.