Together with lead attorney Rick Paul, of Paul LLP of Kansas City, we recently filed suit against JPMorgan Chase Bank, N.A. for alleging unlawfully collected “post-payment” interest on mortgages insured by the Federal housing Administration (FHA) without first complying with the HUD regulations governing these loans.
Chase Bank has collected millions of dollars in post-payment interest. The National Association of Realtors estimates that more than 40% of FHA borrowers close during the first 10 days of the month, exposing them to at least 20 days of interest after termination of the mortgage.
When a customer wants to pay off their loan, either because they sold their house and bought a new house, they want to pay off the mortgage early, or they want to refinance the loan with another company, the customer typically requests a “payoff statement”. According to HUD regulations, the payoff statement must tell the customer that they can pay off the loan on the first day of the month to avoid being charged interest for that month, but if the customer is paying off the loan on any day other than the first of the month they may have to pay interest for the entire month (even though they paid it off before the end of the month).
Our lawsuit alleges that Chase’ failure to provide the disclosures is a breach of the contract between Chase and the customer and that the collection of interest for the entire month without providing the required disclosures is unlawful.