Mortgage Servicing Abuses – Max’s Nifty Fifty

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By O. Max Gardner III, Shelby NC

  1. Failure to recalibrate the loan on the books of the servicer so as to bring the account contractually current on the software accounting system used by the servicer. Such action is necessary in order for the servicer to apply payments received in a manner consistent with the arrears and fees in the proof of claim and the direct post-petition payments.
  2. The application of post-petition direct payments received from the debtors or the trustees to pre-petition arrearages.
  3. The application of pre-petition arrearage . . .

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