Qualified Written Request-QWR Step by step instructions

The following is a FREE sample QWR you can send to your lender/ servicer /bank to validate the amount your lender states that you owe and question your lenders methods and calculations.    For assistance with this process feel free to call us for a free consultation. 540-341-1481.    Or email us at: info@legalforensicauditors.com

(none of the text of this post is meant to be viewed as legal advice, please review your actions with your legal counsel)

1. Highlight or “copy” the qualified written request language that starts on the next page. Copy it in its entirety and paste it into a new word document. For your qwr.
2. Take the personal text and replace with the contact information for your bank. It is best if you can send your letter certified, return receipt requested to document that your bank received it and when. It is best if you can find an executive at your bank to address the letter to. I always send the letter to the General Counsel of the bank or the CEO. Search google to find this information. Or call us and we will help you find the right recipient. 540-341-1481
3. After finding the right recipient and changing out to show your personal contact information as the sender, print sign and send. Copy or CC: the letter to an attorney you know.
4. Send copies to your loan servicer certified but also print 4 additional copies and mail to the government agencies we list at the end off this document. Mail those regular mail to save postage.
5. Wait for a response. RESPA requires that your lender respond within 20 days to acknowledge your request and that they cure whatever defect you claim in your QWR within 60 days. It is a violation of RESPA if they do not respond within the statutory timelines.

QWR-UNDERSTANDING THE RESPA QUALIFIED WRITTEN REQUEST

The following is general legal information only and not intended to serve as legal advice or a substitute for legal advice.  This is only the opinion of the author.  For specific advice please contact an attorney we happen to have an Expert RESPA & TILA attorney as part of our group..

Every time your loan is sold the new loan servicer is required under the Real Estate Settlement Procedures Act (“RESPA“) to provide you the following notice:

“Section 6 of RESPA provides borrowers with consumer protection relating to the servicing of their loans. If a borrower sends a “qualified written request” to his loan servicer concerning the servicing of the loan, the servicer must provide a written acknowledgment within 20 business days of receipt of the request. Not later than 60 business days after receiving the request, the servicer must make any appropriate corrections to the borrower’s account, and must provide a written clarification regarding any dispute. During this 60-day period, the servicer may not provide information to a consumer reporting agency concerning any overdue payment related to such period or qualified written request.

As noted above, a few things are supposed to happen when you make a Qualified Written Request (QWR):

(1) They (the loan servicer) are required to halt negative credit reporting on your account

(2) They (the loan servicer) are required to “acknowledge” your request within 20 days

(3) The servicer is required to investigate and respond and provide the requested documentation in most cases

If your lender fails to comply in regard to any of the above, they have violated RESPA and a Cause of Action may be brought against the Loan Servicer.  Keep in mind, this is the entity that normally holds your fate in regards to getting a loan modification and preventing foreclosure of your property.  So if they fail to comply fully, which is a great possibility in my experience, then you have a right to sue them and bring them to the table.

Section 6 of RESPA also provides for damages and costs for individuals or classes of individuals in circumstances where servicers are shown to have violated the requirement of that Section.” Courts have held that emotional damages are recoverable under this section and your failure to comply may raise a cause of action for personal injury damages intentionally inflicted upon Client(s).

What?  Are you telling me a RESPA violation may be turned into a personal injury case of sorts?  Yes, that is what at least one court has held.  So, if as a result of the lenders failure to comply with this section you can sue them for your serious suffering and emotional damages.

What kinds of things can you ask for in a RESPA QWR?

I would argue that anything that relates to the servicing of your loan is worthy of discovery (payments made, interest rate changes, index and change dates used on ARM loans, late fees charged and applied etc.).  If the loan servicer keeps shoddy books and fails to comply with your RESPA Qualified Written Request, they should be held accountable.

Here is a list of some of the loan documents you should ask for when making a RESPA Qualified Written Request (they may or may not have some or all of these):

QWR- Start copying here if you intend to use our QWR………..

_________________________________________________

Your Lender Name

Attention:___________________, General counsel or CEO

address

city state zip

Loan number#_______________________

re:your name and address of your property here

Dear:_____________, General Counsel of your bank

This is a qualified written request under section 6 of RESPA. I hereby demand:

Copies of all loan documents pertaining to the origination of the above-referenced mortgage(s)/loans maintained by your company (including both the first and second mortgage files) including but not limited to; producing the original promissory note and any note addendums or riders, any notice of assignments, all loan applications (initial and final signed 1003′s), TWO COMPLETED copies for EACH borrower or person with an ownership or security interest in the above referenced property, of their required Notice of Right to Cancel, copy of the notarized deed of trust and any and all riders and addendums to such, and all adjustable rate ARM disclosures, CHARM disclosures, HUD required disclosures, Other Disclosures, all Truth in Lending statements (including both preliminary and final TIL’s), all Truth in Lending “Itemization of Amount Financed” documents, all Good Faith Estimate(s) (GFE), all final HUD-1 or HUD1A closing statements, Escrow Closing Instructions, Escrow/Impound documents, all Buy-down agreements, a complete copy of the appraisal on the subject property, all rate lock and rate sheets, and loan float sheets associated with this transaction, and any PMI/MIP information or certificate for the above-referenced loan.

The copies should be legible and all documents shall be copied in their entirety.

It is my opinion that there are serious violations of federal law within the origination documents and the servicing documentation of my loan.

I further Demand:

A Life of Loan Accounting (including both the first and second mortgage files): Due to serious questions over the servicing of this loan by your company – and potentially previous loan servicer(s) – we are hereby requesting a copy of the entire loan history for the above referenced loan accounts (“life of loan” accounting) which shall include each of the following;

(a) an accounting of all payments made to date on this account (from the close of escrow to the date you respond to this demand) in an easy to read and understandable format, please include a description of how all principal and/or interest payments were made and applied;

(b) an itemization and description of all late fees, late charges, appraisal fees, property inspection fees, forced placed insurance charges, legal fees, and recoverable corporate advances charged to this account and an explanation as to why such fees were charged;

(c) Explanation and proof of the ARM Index used (ex. Libor, etc.) for any ARM interest rate calculations, change date calculations or other calculations relating to my Client’s monthly payments claimed owed your company;

(d) Include all dates when rate changes were calculated and the resulting payment claimed due (corresponding adjustment amount);

(e) Please document and provide evidence of any other payment and/or interest rate adjustments made by your company in servicing this loan;

(f) Provide an accounting for any fees and all amounts paid in relation to the Servicing of my Clients escrow account, (if applicable).

(g) A breakdown of the current escrow charges showing how it is calculated and the reasons for any increase within the last 24 months and a breakdown of any shortage, deficiency or surplus in our escrow account over the past three years.

(h) A detail of the current value of the loan on the books at your bank, adjusted for any “write-downs) your bank chose to make or were forced to make by any government regulatory body -AND- any communication from such regulatory bodies which would relate to my loan and such write-downs of the book value of my loan and/or similar loans or groups of loans to which my loan is a member.

NOTE TO LOAN SERVICER: All information requested herein must cover the entire life of the loan, including all periods of accounting by previous loan servicers/lenders.

Please comply with federal law and send this to me within the 60 days required by section 6 of RESPA.

Further it is my opinion that you have violated the law by:

• It is our opinion that your monthly interest calculations were not correct.
• It is our opinion that you have miscalculated the payments to my escrow account.
• It is our opinion that you have not included the state and federally mandated disclosures to me
• It is my opinion that you did not give me the required rescission or right-to-cancel disclosures
• It is my opinion that you allowed unearned fees to be charged to me on the final settlement statements
• It is my opinion that you did not protect me from predatory lending practices
• It is my opinion that this loan may contain rescissionable violations of RESPA
• It is my opinion that you did not accurately calculate the real DTI of my loan and put me in an unaffordable loan.

You have 20 days to acknowledge this QWR and 60 days to cure the defects of my loan in accordance with section 6 of RESPA.

Very Truly yours

John Doe, Homeowner

address

city state zip

cc: your attorney

______________________________________________________________________

Since the loan servicer is making money servicing your account and by charging you late fees, shouldn’t they have to accurately account for what they are doing behind closed doors?  We think so.  If they cannot show accurate and detailed records why should they be allowed to foreclose on your property?  A suit for wrongful foreclosure should be examined by a competent attorney.

If you lender fails to answer your QWR, you can complain to HUD-    Look here for their contact info

http://www.hud.gov/offices/hsg/ramh/res/respamor.cfm

Of course there are other items we demand when making a RESPA qualified written request but we do not go over these here.. .

If you want our firm to file a Qualified Written request on your behalf, and/or help you obtain a loan modification, please contact us at (540)-341-1481.  We are happy to discuss your situation and will  have our attorney call you.

or fill out this form:
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