Your Mortgage Servicer Has Legal Obligations — We Help You Enforce Them

The Real Estate Settlement Procedures Act exists for one reason: to make sure lenders and servicers treat borrowers fairly, honestly, and transparently. When they don't, there are legal consequences — and we help you pursue them.

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What RESPA Actually Does for New York Homeowners

RESPA is a federal law that governs the mortgage process from the moment you apply for a loan through the life of your loan servicing relationship. It prohibits kickbacks between settlement service providers, requires accurate escrow accounting, and — critically — gives you the right to demand answers from your servicer in writing. Most homeowners don't know these rights exist until something goes wrong. If your servicer has been giving you incorrect information about your escrow balance, ignoring your written requests, or charging you for insurance you didn't authorize, RESPA may give you a legal claim.

The Right to a Qualified Written Request — and Why It Matters

One of RESPA's most powerful tools is the Qualified Written Request, or QWR. If you have a question or dispute about your loan — your escrow account, payment history, servicing transfers, or any other aspect of your mortgage — you can submit a written request to your servicer and they are legally required to respond. Under RESPA, your servicer must acknowledge a QWR within 5 business days and provide a substantive response within 30 business days. Failure to comply isn't just bad customer service. It creates a legal claim. If your servicer has been stonewalling you, misrepresenting your account, or simply not responding, we can help you document that failure and pursue the remedies the law provides.

Common RESPA Violations We See in New York

RESPA violations often surface in the context of contested mortgages, loan modifications, or foreclosure proceedings. The most common issues we encounter include:

 

  • Escrow overcharges or miscalculations that inflate your monthly payment
  • Failure to acknowledge or respond to a Qualified Written Request within the required timeframes
  • Improper force-placed insurance — charging you for a policy you didn't choose, often at rates far above market
  • Undisclosed kickbacks between lenders, brokers, title companies, or other settlement service providers
  • Failure to properly credit payments or apply them to the correct loan account
  • Servicing transfer errors that leave your account in limbo after your loan is sold to a new servicer

 

Any one of these violations can cause real financial harm. RESPA allows borrowers to recover actual damages, statutory damages, and in some cases attorney's fees.

How RESPA Violations Connect to Foreclosure and Real Estate Disputes

RESPA and Foreclosure Defense

RESPA violations frequently arise alongside foreclosure proceedings. If your servicer misapplied payments, failed to credit your account correctly, or pushed you into foreclosure based on inaccurate escrow figures, those errors may constitute RESPA violations that directly affect the legitimacy of the foreclosure itself. Our foreclosure defense work often involves examining the full servicing history of a loan for exactly these kinds of errors. If you are facing foreclosure, a RESPA claim may be one part of a broader defense strategy.

Escrow Errors and Mortgage Servicing Disputes

Escrow accounts are a frequent source of RESPA claims. Servicers are required to conduct annual escrow analyses and notify borrowers of any changes. When they overestimate tax or insurance obligations — or simply miscalculate — borrowers end up paying more than they should. These overcharges can accumulate over months or years before a homeowner realizes something is wrong. If your escrow balance doesn't match what your servicer is telling you, we can help you request a full accounting and challenge any errors we find.

Force-Placed Insurance

If your homeowner's insurance lapses — even briefly — your servicer has the right to purchase a policy on your behalf and charge you for it. RESPA governs how and when they can do this. Servicers must provide advance notice and cannot profit from the placement. In practice, force-placed insurance is often far more expensive than standard coverage, and servicers don't always follow the required notification steps. If you've been charged for force-placed insurance that was improperly placed or that you weren't properly notified about, that may be a RESPA violation.

Kickbacks and Undisclosed Referral Fees

RESPA prohibits any person from giving or receiving a fee, kickback, or anything of value in exchange for referring settlement service business. This covers arrangements between lenders, real estate agents, title companies, appraisers, and other parties involved in the closing process. These arrangements aren't always obvious — they can be structured as marketing agreements, desk fees, or co-marketing arrangements. If you believe an undisclosed kickback arrangement affected your settlement costs, we can evaluate whether a RESPA claim is viable.

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Why Homeowners Work with Aronow Law on RESPA Claims

We have been practicing consumer and real estate law in New York for over 23 years. RESPA claims sit at the intersection of mortgage servicing, consumer protection, and real estate law — and we work across all three. When a client comes to us with a servicing dispute, we don't look at it in isolation. We look at the full picture: the loan history, the servicing record, any ongoing foreclosure or modification proceedings, and whether additional claims under the FDCPA, TILA, or FCRA may apply alongside RESPA.

 

Our consultations are free and have no time limit. You'll speak directly with us — not a screener, not a paralegal intake form. If you have a RESPA issue, we want to hear the full story before we tell you what your options are.

RESPA Questions We Hear from New York Homeowners

  • What is RESPA and how does it protect homeowners in New York?

    RESPA is the Real Estate Settlement Procedures Act, a federal law that governs the mortgage origination and servicing process. It requires servicers to maintain accurate escrow accounts, respond to borrower inquiries in writing, and prohibits undisclosed kickbacks between settlement service providers. New York homeowners are protected by RESPA throughout the life of their mortgage — not just at closing.

  • What is a Qualified Written Request and how do I use one?

    A Qualified Written Request is a written letter to your mortgage servicer that identifies you as the borrower and explains your question or dispute about your loan. Once your servicer receives a valid QWR, they must acknowledge it within 5 business days and respond substantively within 30 business days. If they fail to do so, you may have a legal claim under RESPA. An attorney can help you draft a QWR that clearly establishes your rights and creates a documented record.

  • Can I sue my mortgage servicer for a RESPA violation?

    Yes. RESPA gives borrowers a private right of action, meaning you can file a lawsuit against your servicer for violations. Recoverable damages include actual financial losses caused by the violation, statutory damages in certain cases, and attorney's fees if you prevail. The strength of your claim depends on the nature of the violation and whether you can document the harm it caused.

  • How do RESPA violations connect to foreclosure proceedings in New York?

    RESPA violations often surface during foreclosure because servicers are required to maintain accurate payment and escrow records. If your servicer misapplied payments, failed to credit your account correctly, or initiated foreclosure based on inflated escrow figures, those errors may form the basis of a RESPA claim — and may also be relevant to your foreclosure defense. We regularly evaluate servicing records as part of our foreclosure defense work.

  • Does RESPA apply to all mortgage loans?

    RESPA applies to most residential mortgage loans used to purchase or refinance a one-to-four family home, condominium, cooperative, or manufactured home. It does not apply to commercial real estate loans or loans for investment properties with more than four units. If you're unsure whether your loan is covered, we can review the details during a free consultation.

Talk to a RESPA Attorney in New York — No Charge, No Time Limit

If your mortgage servicer has been giving you wrong information, ignoring your requests, or charging you for things you didn't authorize, you have rights under federal law — and we can help you use them. Aronow Law serves homeowners throughout Nassau County, Suffolk County, and the New York City boroughs. Call us at 516-762-6700 or use the contact form below to schedule your free consultation.