
The Right to File Complaints
As with any consumer problems, the place to start if you have a complaint is back at the source of the problem (the lender, settlement agent, broker etc.). If that initial effort brings no satisfaction and you think you have suffered damages through violations of the Real Estate Settlement Procedure Act of 1974, as amended, you may be entitled to bring a civil action in the U.S. District Court or in any other court of competent jurisdiction for the District in which the property is located, or where the violation is alleged to have occurred. This is a matter best determined by your lawyer. Any suit you file under RESPA must be brought within one year from the date of the occurrence of the alleged violation. You may have legal remedies under other State or Federal laws in addition to RESPA. RESPA provides for specific legal sanctions only under the provisions which prohibit kickbacks and unearned fees, and which prohibit the seller from requiring the buyer to use a particular title insurer. If you feel you should recover damages for violations of any provisions of RESPA, you should consult a lawyer. Most settlement service providers are supervised by some governmental agency at the local, State and/or Federal level. Others are subject to the control of self-policing associations. If you feel a provider of settlement services has violated RESPA, you can address your complaint to the agency or associations which has supervisory responsibility over the provider. For the names of such agencies or associations, you will have to check with local and State Governments or consumer agencies operating in your area. You are also encouraged to forward a copy of complaints regarding RESPA violations to the HUD Office of Housing, which has the primary responsibility for administering the RESPA program. Your complaint can lay the foundations for future legislative or administrative actions. Send copies of complaints, and inquiries, to: U.S. Department of Housing and Urban Development Director, Office of Insured Single Family Housing ATTN: RESPA 451 Seventh Street, S.W. Washington, D.C. 20410
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