Author Topic: Law Advice: PMI Cancellation  (Read 2862 times)

Mgmny

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Law Advice: PMI Cancellation
« on: June 28, 2017, 04:29:56 PM »
Hey gang!

My PMI payments were at $77 a month, so i paid my LTV to 79.9% today for my July 1 payment so that my PMI was cancelled. As per my PMI annual notice, I wrote to my mortgage servicer to cancel my PMI now that my LTV was below 80%.

My servicer responded that in Minnesota (where I live), the loan MUST be 24 months old to cancel PMI. My loan is 19 months old. The statute is MN 47.207 (https://www.revisor.mn.gov/statutes/?id=47.207). This law pretty clearly states that the loan needs to be 24 months old to cancel PMI. HOWEVER, in subdivision 6 it says, "Nothing in this section shall be deemed to be inconsistent with the federal Homeowner's Protection Act of 1998." So, being the junior investigator that I am, I went and found the Homeowner's Protection Act of 1998. In it, it says that my loan servicer MUST cancel my PMI payments if i meet the following requirements (which i do):

Is first scheduled to reach 80 percent of the
‘‘original value’’4 (regardless of the outstanding
balance), based on
– The initial amortization schedule (in the
case of a fixed-rate loan)
– The amortization schedules (in the case of
an adjustable-rate loan) or
– Reaches 80 percent of the ‘‘original value,’’
based on actual payments
• The borrower has a good payment history
• The borrower satisfies any requirement of the
mortgage holder for
– Evidence of a type established in advance
that the value of the property has not declined
below the original value and
– Certification that the borrower’s equity in the
property is not subject to a subordinate lien


So, what can I do? This is going to cost me $308 in PMI payments, so hiring a lawyer would be cost-inefficient, but i think the MN law is on the wrong side here. What are my options?

COEE

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Re: Law Advice: PMI Cancellation
« Reply #1 on: June 28, 2017, 04:44:09 PM »
I'd start by sending them a letter/email with all of the information you put on this post and ask again that they remove PMI.

Mgmny

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Re: Law Advice: PMI Cancellation
« Reply #2 on: June 29, 2017, 06:43:30 AM »
I'd start by sending them a letter/email with all of the information you put on this post and ask again that they remove PMI.

I did that, and their response was, "I understand your frustration, i have forwarded your email to my supervisor." So, fingers crossed!