[Serenity]

I have an idea and I’m tossing this out for discussion.

I’m reading up on RESPA and the use of the Qualified Written Request (QWR). Initially I thought this letter was sent to the lender and/or servicer in order to simply get an accounting of your loan. What payments went where and when etc.

And RESPA says that the lender / servicer must acknowledge receipt of the letter within 20 days and resolve the request within 60.

However, I haven’t seen anyplace that says this letter can’t be used to help with a stalled or frustrating loan modification process.

The reason this ping’d in my head, was in reading yet another site with a sample QWR, the author described the use of the letter for reasons such as “late fees, payments that weren't credited, misapplied escrow payments, failure to engage in dialogue regarding a work out solution”

Ok so lets consider this… failure to engage in dialogue regarding a workout solution. Hmmm.

So what if after doing the back-n-forth that many members here are experiencing, a borrower sends the servicer a QWR with something along the lines of outlining the process thus far of attempting to modify the loan.

Using Evelyn’s situation for example, she could send the QWR as a semi-complaint because her servicer keeps mis-applying her loan modification deposits, thereby stopping the process.

It would appear that the QWR is intended to get the servicer to snap-to and pay attention to a borrower’s request. Why couldn’t that request be “Why are you hindering my loan modification process…?”

And as I understand it, the servicer’s response has to be a written explanation or clarification that includes the reasons why they can or cannot fix/change/etc. And they’re required to provide contact info for the person who can provide the requested assistance.

And then with the 20, then 60 day time limits – they have to do something right? I’m thinking that it would push a borrower’s modification package along to the right department / person. Since it’s a legal requirement that they respond to the letter etc – failure to respond would be further ammo if things came down to a lawsuit.

Maybe I’m reaching here – what do you guys think?