Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Mortgages
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 05-03-2017, 05:35 PM
 
3 posts, read 9,127 times
Reputation: 10

Advertisements

https://www.cga.ct.gov/2004/rpt/2004-R-0922.htm

This law states that once I pay my mortgage down to 78%, my lender is required to cancel my pmi automatically.

I'm at 75% already, but they are telling me that I have to reach my originally scheduled PMI release date.

I looked into it and found out this is true if you have a fixed rate, but if it's flex they have to cancel it despite that date.

I have a flex rate.

Should I contact a lawyer or am I misunderstanding something?
Reply With Quote Quick reply to this message

 
Old 05-03-2017, 05:49 PM
 
3,804 posts, read 9,328,307 times
Reputation: 4978
What's a "Flex?"
Reply With Quote Quick reply to this message
 
Old 05-03-2017, 06:40 PM
 
Location: Back in the Mitten. Formerly NC
3,829 posts, read 6,737,842 times
Reputation: 5367
What type of loan did you take out? Conventional, FHA, VA, etc... This makes a difference.

By flex rate, are you meaning an ARM (adjustable rate mortgage)?
Reply With Quote Quick reply to this message
 
Old 05-03-2017, 07:06 PM
 
3 posts, read 9,127 times
Reputation: 10
Quote:
Originally Posted by jaynarie View Post
What type of loan did you take out? Conventional, FHA, VA, etc... This makes a difference.

By flex rate, are you meaning an ARM (adjustable rate mortgage)?
It's conventional and yes by flex I meant ARM
Reply With Quote Quick reply to this message
 
Old 05-03-2017, 09:41 PM
 
66 posts, read 61,926 times
Reputation: 33
cancelling PMI was only on FHA loans before 2012 I believe. If you refinanced after 2012 you are are stuck with PMI for either 11 years or permanently depending on the LTV of the loan at the time. I just went thru this.

If it is a conventional mortgage and you missed payments or if it is a rental they can impose additional restrictions. There are some other rules if it is a loan before 1999.

You need to look and find the PMI disclosure form in your mortgage package. If you can't find it request it. The cancellation date should be in there.

If you are having trouble I would call the CFPB(consumer financial protection bureau).

Last edited by truckinusa; 05-03-2017 at 09:50 PM..
Reply With Quote Quick reply to this message
 
Old 05-03-2017, 10:42 PM
 
Location: Riverside Ca
22,146 posts, read 33,576,047 times
Reputation: 35437
Quote:
Originally Posted by udinthrik84 View Post
https://www.cga.ct.gov/2004/rpt/2004-R-0922.htm

This law states that once I pay my mortgage down to 78%, my lender is required to cancel my pmi automatically.

I'm at 75% already, but they are telling me that I have to reach my originally scheduled PMI release date.

I looked into it and found out this is true if you have a fixed rate, but if it's flex they have to cancel it despite that date.

I have a flex rate.

Should I contact a lawyer or am I misunderstanding something?

When did you buy?
Reply With Quote Quick reply to this message
 
Old 05-04-2017, 06:29 AM
 
Location: MID ATLANTIC
8,678 posts, read 22,934,266 times
Reputation: 10517
Have you had the loan for two years or less? Did you sign your note after July 29, 1999? If so, once a year, your servicer must sent you a notice regarding PMI and the requirements needed to meet cancellation. They likely have it on their website. The servicers are fined big bucks for failing to drop PMI when required, so I am willing to put my money on the lender has legit reasons. Some of those reasons are loans flagged high risk, loans with subordinate liens, or loans with a late payment history in the prior two years.

Go find the notice. Then ask them why they aren't releasing the PMI. But as you will see in the notice, it's not just 78% and you are done. Send a written request asking for the reasons they are not cancelling your PMI. Copy your local Congressional Representative. If there is no response, ask that Representative how to request Constituent Assistance. You can notify CFPB, but they are so far behind you need your Rep's assistance.

Last edited by SmartMoney; 05-04-2017 at 06:37 AM..
Reply With Quote Quick reply to this message
 
Old 05-04-2017, 08:22 AM
 
3 posts, read 9,127 times
Reputation: 10
Quote:
Originally Posted by SmartMoney View Post
Have you had the loan for two years or less? Did you sign your note after July 29, 1999? If so, once a year, your servicer must sent you a notice regarding PMI and the requirements needed to meet cancellation. They likely have it on their website. The servicers are fined big bucks for failing to drop PMI when required, so I am willing to put my money on the lender has legit reasons. Some of those reasons are loans flagged high risk, loans with subordinate liens, or loans with a late payment history in the prior two years.

Go find the notice. Then ask them why they aren't releasing the PMI. But as you will see in the notice, it's not just 78% and you are done. Send a written request asking for the reasons they are not cancelling your PMI. Copy your local Congressional Representative. If there is no response, ask that Representative how to request Constituent Assistance. You can notify CFPB, but they are so far behind you need your Rep's assistance.

I got my loan last year. about 6 months ago I made a large extra payment that got me below 78%

I have never missed payments, but my loan does get sold constantly. Each time it has been sold no terms have changed. I'm in a flood zone, could that be it? I asked them about the notice and they said that requirement is only set on the original loan servicer and not required after the loan has been sold. I'm pretty sure i'm being screwed here. I found a sheet in my original closing paperwork that says if the loan is sold I am required to negotiate terms with the new servicer, but whenever I get a notice that it is sold, the letters have always said no terms have changed. I have copies of all these letters. I think I'll be calling a lawyer.
Reply With Quote Quick reply to this message
 
Old 05-04-2017, 11:24 AM
 
5,342 posts, read 14,148,248 times
Reputation: 4700
Quote:
Originally Posted by udinthrik84 View Post
I got my loan last year. about 6 months ago I made a large extra payment that got me below 78%

I have never missed payments, but my loan does get sold constantly. Each time it has been sold no terms have changed. I'm in a flood zone, could that be it? I asked them about the notice and they said that requirement is only set on the original loan servicer and not required after the loan has been sold. I'm pretty sure i'm being screwed here. I found a sheet in my original closing paperwork that says if the loan is sold I am required to negotiate terms with the new servicer, but whenever I get a notice that it is sold, the letters have always said no terms have changed. I have copies of all these letters. I think I'll be calling a lawyer.
There may be a "has to run for a minimum of two years" clause.
Reply With Quote Quick reply to this message
 
Old 05-04-2017, 07:04 PM
 
Location: MID ATLANTIC
8,678 posts, read 22,934,266 times
Reputation: 10517
Quote:
Originally Posted by udinthrik84 View Post
I got my loan last year. about 6 months ago I made a large extra payment that got me below 78%

I have never missed payments, but my loan does get sold constantly. Each time it has been sold no terms have changed. I'm in a flood zone, could that be it? I asked them about the notice and they said that requirement is only set on the original loan servicer and not required after the loan has been sold. I'm pretty sure i'm being screwed here. I found a sheet in my original closing paperwork that says if the loan is sold I am required to negotiate terms with the new servicer, but whenever I get a notice that it is sold, the letters have always said no terms have changed. I have copies of all these letters. I think I'll be calling a lawyer.
Who is the current servicer? I am hoping you don't say Seterus. So you are at 78% of the original purchase price or value? Are you able to access a history? Do you have statements? The flood zone is not it. But I would do what I previously recommended - Constituent Services. Try to collect as much data as possible. Amoritzation schedule, cancelled check, current balance. File a complaint with CFPB and ask your Congressional Representatives for help expediting a government agency. I want to say the limit on civil penalties is $2000 per incident or $200,000 for a class action. But I could have read that wrong earlier today. It may be worth a call into a real estate attorney or a RESPA attorney.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Mortgages

All times are GMT -6. The time now is 10:28 PM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top