Fight Chase Bank with a Qualified Written Request

[Moe Bedard]

Are you being used and abused by Chase during the loan modification or short sale process?

Welcome to the club of unhappy homeowners, abused Chase clients and never ending stories of lies, lies and more lies. Heck, don't take my word for it, there are over 11,000 posts of actual homeowners here in this forum that will testify to this fact.

I am going on almost 3 years of trying to help and connect their clients and it seems like it has only got worse.

I believe now may be the time for you all to unite and fight back using the tools that government protection agencies and the law has provided you, but what banks do not want you to know. I am here to let you know about these by copying and pasting information from HUD, lawyers and bankers.

The POWERFUL Qualified Written Request!

This is the banker talking here folks (From ABA Banking Journal):

Scare Mail: Beware of ?QWR?s

The letters often assert the existence of predatory lending and/or fraudulent activities that have hurt or negatively affected the borrower. The letters may make detailed demands for enormous amounts of information relating to all aspects of the loan’s origination and processing.

At other times, the letters may be simpler, asserting only slight oversights in the borrower’s escrow account calculation.

In all cases, the letters are marked as “Qualified Written Request” under Section 6 of RESPA. Whereas mere customer inquiries or complaints are not generally worrisome in the regulatory sense, the “QWR” label stirs legal consequences that servicers and lenders cannot ignore.

Bankers need to be prepared to properly handle this type of correspondence, and be able to distinguish between abusive or harassing letters versus those communications that carry legitimate consumer complaints and that are valid inquiries under federal law.

So there you have heard it. This lawyer is saying the better pay attention!

This is from HUD:

http://www.nls.gov/offices/hsg/ramh/res/reslettr.cfm

Sample Written Complaint to Lender

The following is a sample qualified written request from you, the borrower, to a lender. Use this format to address complaints under the Real Estate Settlement Procedures Act (RESPA). Be sure to read more about RESPA, and your rights under this Act, elsewhere on the RESPA site.

Attention Customer Service:
Subject: [Your loan number]
[Names on loan documents]
[Property and/or mailing address]

This is a "qualified written request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing because:

Describe the issue or the question you have and/or what action you believe the lender should take.

Attach copies of any related written materials.

Describe any conversations with customer service regarding the issue and to whom you spoke.

Describe any previous steps you have taken or attempts to resolve the issue.
List a day time telephone number in case a customer service representative wishes to contact you.

I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.
Sincerely,

[Your name]

REMEMBER: This letter SHOULD NOT be included with your mortgage payment, but should be sent separately to the customer service address.

You SHOULD continue to make the required mortgage and escrow payment until the request is resolved.
Y
ou may bring a private right of action under Section 6, if you suffer damages due to the lender's servicing of the loan. See the RESPA statute and regulations.

[Moe Bedard]

From the good ole boys in Kentucky

http://www.louisvilleky.gov/NR/rdonl...UnderRESPA.pdf

Sample Qualified Written Request Under RESPA

If [1] you believe the mortgage loan servicer or lender has made a mistake regarding your mortgage or if [2] your mortgage loan servicer does not answer your informal request for information about your mortgage loan you can make a “qualified written request” for information under the Real Estate Settlement Procedures Act (RESPA). 12 U.S.C. § 2605. You must include a statement of the reasons for your belief that the mortgage account is in error and provide sufficient detail to the servicer regarding other information you seek. If you do not honestly believe there is an error, this letter is not for you.

This letter temporarily protects your credit rating. During the 60-day period beginning on the date of the servicer’s receipt of your qualified written request relating to a dispute regarding your payments, a servicer may not provide information regarding any overdue payment, owed by you and relating to such period or qualified written request, to any consumer reporting agency.

Send all letters by certified mail and keep the receipt.
Caution: The letter provided is for illustration only; you must compose your own letter; this is only to show you what one might look like.

Notice: Prepared by Legal Aid Society • 416 W. Muhammad Ali Blvd., Suite 300 • Louisville, KY 40202 • (502) 584-1254. March 2007.

We provide this information as a public service. It is not legal advice. Sometimes the laws change. We cannot promise that this information is always up-to-date and correct. By providing this information, we are not acting as your lawyer. Always consult a lawyer, if you can, before taking legal action.

April 11, 2008
VIA CERTIFIED MAIL
Giant Mortgage Company, NA
[Address]
Attn: Mortgage Loan Accounting Department
Re: Loan # 99999999
George and Wanda Borrower
[Address]

Dear Sir or Madam:

This is a “qualified written request” pursuant to the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(e). Giant Mortgage Company, NA is the servicer of our mortgage loan at the above address. We dispute the amount that is owed according to the Monthly Billing Statement and request that you send us an itemization of the following:

1. A complete payment history, including but not limited to the dates and amounts of all the payments we have made on the loan to date;

2. A breakdown of the amount of claimed arrears or delinquencies, including an itemization of all fees charged to the account;

3. An explanation of how the amount due on the Monthly Billing Statement ($1,000) was calculated and an explanation of why this amount was increased to $2,000 on
August 1, 2005;

4. The payment dates, purpose of payment and recipient of any and all foreclosure fees and costs that have been charged to our account;

5. The payment dates, purpose of payment and recipient of all escrow items charged to our account since [insert date Giant Mortgage Company, NA took over the servicing];

6. A breakdown of the current escrow charge showing how it is calculated and the reasons for any increase within the last 24 months; and

7. A copy of any annual escrow statements and notices of a shortage, deficiency or surplus, sent to us within the last three (3) years.

Thank you for taking the time to acknowledge and answer this request as required by the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(e).

Sincerely,

George and Wanda Borrower

[Moe Bedard]

This is from the FTC:

Mortgage Servicing: Making Sure Your Payments Count

Inquiries and Disputes

Under RESPA, your mortgage servicer must respond promptly to written inquiries, known as qualified written requests (see Sample Complaint Letter to Lender). If you believe you've been charged a penalty or late fee that you don't owe, or if you have other problems with the servicing of your loan, contact your servicer in writing. Be sure to include your account number and clearly explain why you believe your account is incorrect. Your inquiry should not be just a note on the payment coupon supplied by your servicer, but should be sent separately to the customer service address.

Within 20 business days of receiving your inquiry, the servicer must send you a written response acknowledging it. Within 60 business days, the servicer either must correct your account or determine that it is accurate. The servicer must send you a written notice of the action it took and why, along with the name and telephone number of someone you can contact for additional assistance.

Do not subtract any disputed amount from your mortgage payment. Some mortgage servicers might refuse to accept what they consider to be partial payments. They might return your check and charge you a late fee, or claim that your mortgage is in default and start foreclosure proceedings.


Fair Debt Collection

By law, a debt collector is a person who regularly collects debts owed to others. Your mortgage servicer is considered a debt collector only if your loan was in default when the servicer acquired it. If that's true, you have additional rights that you can read about in the FTC's brochure "Fair Debt Collection."

Your Credit Report

Many mortgage companies provide information about your payment history to credit bureaus, companies that maintain and sell consumer credit reports — which contain information about your credit payment history — to other creditors, employers, insurers, and businesses. Both the credit bureaus and the information provider have responsibilities for correcting inaccurate or incomplete information.

If you believe that your mortgage servicer has provided inaccurate information to a credit bureau, contact the credit bureau and the servicer. Tell the credit bureau in writing (see Sample Dispute Letter to Credit Bureau) what information you believe is inaccurate. Include copies (NOT originals) of documents that support your position. In addition to providing your complete name and address, your letter should clearly identify each item in your report you dispute, state the facts, and explain why you dispute the information, and request deletion or correction. You may want to enclose a copy of your report with the items in question circled. Send your letter by certified mail, return receipt requested, so you can document what the credit bureau received. Keep copies of your dispute letter and enclosures.

Credit bureaus must re-investigate the items in question — usually within 30 days — unless they consider your dispute frivolous. They also must forward all relevant information you provide about the dispute to the information provider. After the information provider receives notice of a dispute from the credit bureau, it must investigate, review all relevant information provided by the credit bureau, and report the results to the credit bureau. If the information provider finds the disputed information to be inaccurate, it must notify all national credit bureaus so they can correct this information in your file. Disputed information that cannot be verified must be deleted from your file.

If your report contains erroneous information, the credit bureau must correct it.

If an item is incomplete, the credit bureau must complete it. For example, if your file showed that you were late making payments, but failed to show that you were no longer delinquent, the credit bureau must show that you're current.

If your file shows an account that belongs to another person, the credit bureau must delete it.

When the re-investigation is complete, the credit bureau must give you the written results and a free copy of your report if the dispute results in a change. If an item is changed or removed, the credit bureau cannot put the disputed information back in your file unless the information provider verifies its accuracy and completeness, and the credit bureau gives you a written notice that includes the name, address, and phone number of the provider.

Also, if you request it, the credit bureau must send notices of corrections to anyone who received your report in the past six months. If a re-investigation does not resolve your dispute, ask the credit bureau to include your statement of the dispute in your file and in future reports.
In addition to writing to the credit bureau, tell the servicer in writing that you dispute an item. Include copies (NOT originals) of the documents that support your position. If a servicer specifies an address for disputes, it is important to send your dispute to that address. If the provider then reports the item to any credit bureau, it must include a notice of your dispute. If you are correct — that is, if the disputed information is inaccurate — the information provider may not report it again.

[caldwellb02]

As Moe knows, I sent mine today. I've been working on it awhile, and feel pretty secure in the issues I raised. I will let you all know if anything comes of it.

[a2kman]

Moe,

This reminds me of the days of fighting to clear up my credit report AFTER having my identity stolen. This being said here is my advise to all.

1. Send everything return reciept required, save those little green cards.
2. If you don't hear a response, and I am sure you won’t wait 30 days send another
3. Again save green card #2, wait another 30 days no response I'm sure
4. Send letter #3 get the 3rd green little card then ...



5. 30 MORE days later FILE A SMALL CLAIMS SUITE AGAINST THEM

I haven't taken the time to figure out the penalties for non compliance BUT I can say this, with 3 little green cards in your hand and NO proof from them that they complied you WILL win in court. I personally had my credit cleared and checks totaling $7,200 in a matter of 6 months. The key is you WILL need 3 little green cards to win.

Chase we ARE here and united against YOU .. either STEP UP or enjoy the beroush.

[bryanw328]

Thank you Moe!
Outstanding information!

I will compose and send.

[Moe Bedard]

Good job Caldwell

a2kman - Yes, this is just the same and I think and we can be much more effective a a group. If we all do these things, it will cause massive problems for these lenders and servicers.

bryanw328 - Thanks for the support and please return here with the response you get.

[Moe Bedard]

I am also asking Chase clients to email their city, county, state and law enforcement representatives as well as local media about their Chase nightmare. As mentioned before they own CNBC, NBC etc so most likely avoid these local stations and instead try cable or CBS which is owned more by Bank of America.

Email CC Chase executives on ALL COMPLAINTS & QUALIFIED WRITTEN REQUESTS

Make sure to include your loan number and use the forum, LoanSafe.org as your platform to expose their BS and let them know we are UNITED:



jamie.dimon@jpmchase.com Jamie Dimon = CEO Of Chase and Worth Billion$. Looks like he is ready to fight homeowners in this picture. The question is, "Are you ready to fight back?"



david.b.lowman@jpmchase.com - David Lowman = This is the dude that Dimon has placed in charge of loan modifications for Chase and the guy you ALL need to hammer for HELP!

CC these guys on complaints and Qualified Written Requests to let them know you are getting screwed by Chase and their employees!

[caldwellb02]

I sent my QWR before I saw this e-mail. I'm going to e-mail it to Mr Dimon and Lowman (assuming they are still working at Chase) as soon as I get my green confirmation card back.

[franklyspeaking]

I know this is a long shot but this is what pops up if you do a search in new york for Jamie Dimon,spelled wrong intentionally? Seems like the right area of town???

I dont have the balls to call but if someone does let us know what happens! Jaime Dimon 1185 Park Ave New York, NY 10128 (212) 423-0143

[caldwellb02]

Just checked tracking. They got my QWR on the 6th. Haven't got the little green card back yet... this should be interesting. I half think they'll offer me a really good mod and have me agree not to pursue.....

[exclusive1000]

caldwellb02

At what point do you think one should file a QWR ? I am 4.5 months late on a chase
jumbo and I just recieved a NOD today certified .

So I am a little stressed at the moment.

Is it to late to file a QWR ? I am trying to get a modification.

Do you think a QWR will piss them off or do you think I would be better off after filing one ?
Just curious - what do you think

Thanks

[caldwellb02]

exclusive - I don't know the answer to either of those questions. In my own case I just was/am getting nowhere. And I have no idea if a QWR will piss them off or not. I'm still waiting for a response. But at this point I figured I gave them 9 months of my life trying to do everything they asked to make this work and I just got batted around and I do believe there are serious problems with my mortgage so I went for it.

And I did get the green card back, so they have it.

[Moe Bedard]

The QWR is for mortgage servicing complaints under RESPA law. If you feel they have abused or mismanaged your mortgage and or your case, then that should be enough cause to send one via certified mail.

Don't send one unless you are ready to back it up with action. These are serious and if they get pissed off and do not comply, sue them and if you have to, do it yourself.

[momoftennisplayers]

I was going to get my QWR ready today after being delinquent on 6 payments to Chase (after a loan modification which only raised my monthly payment and increased my loan by TEN YEARS to 40 years). I then received a letter from their attorney Certified Mail that they are rescinding the acceleration of loan maturity. It says only:

Mortgagee under the Deed of Trust referenced below hereby rescinds the notice of acceleration dated 8/29/08 (before loan modification-my insert) and all prior notices of acceleration. Mortgagee further agrees that Borrower may continue to pay the indebtedness due Mortgagee pursuant to the terms of the debt secured by the Deed of Trust. This Rescission of Acceleration does not waive or suspend the rights, interests or claims of Mortgagee, its successor or assigns, to accelerate and collect in the future the debt owned by Borrower. Mortgagee has appointed the undersigned as its duly authorized agent to execute this instrument on its behalf for the purposes herein stated.

Any one have any idea what this means? Should I still go ahead and send QWR? I'm sending QWR because I went through a Chapter 13 in 2006 and made payments to the trustee who then was to make the payments to Chase. I have never gotten confirmation that Chase credited my account for these payments. When I ask them about it over the phone, they can't answer my question as to when/where these payments were applied.

Any help would be greatly appreciated!

[harCA]

They are confused...every person at Chase has a different answer. How can I not be confused?

After 5 months of trying to get the loan modification department at Chase to offer a modification program, I finally got someone in my 6th month. I had turned in the paper work for request on the first month I was unable to pay the full amount due to layoff.

Chase staff kept telling me that they were backed up. Took two months to get them to confirm they even had my paper work to review. They also told me not to pay my mortgage for a better chance of any modification.

Two weeks ago (my 6th month) I was offered a repayment trial program for three months. I got the official letter and papers to sign last Monday, Fed-Ex'd all info on Friday for them to receive today.

In return, I got in the mail today a letter of foreclosure. How can they make a modification program offer and send foreclosure legal documents in the same week?

Of course when I called today they couldn't verify that they had received my Fed-Ex paperwork for the modification trial, and was told to not to worry about the foreclosure...."just stick those in a drawer and don't worry about them"...is what she actually said to me.

She (at Chase) also said that once they confirm they have my papers that the foreclosure is put on hold. And Chase will not send a letter stating that the foreclosure has been put on hold during the trial period.

How can I possibly trust anything said considering their credit department doesn't talk to their modification department, who doesn't talk to their early loss mitigation department, who doesn't talk to the relentless callers to collect debt, or new payments? And now I'm suppose to believe that it will be communicated in all their departments that the foreclosure will be on hold during the trial period?

Can I send one of these QWR letters to demand a letter of having the foreclosure on hold, and another sent to the County Clerk's office? Should I send a letter to the law office that did the foreclosure papers within the 30 days stated in the paperwork about the modification trial?

Should I get an attorney?
I don't trust Chase. I feel lied to. I have had the run around for 6 months. I feel like I have no power at all.

Empower me! Please!

[davephx]

Sigh... sort of my CitiMortgage problem.

For months calling trying to update information to within 90 days and they keep saying all looks well but wait till we contact you. Well they did. With a foreclosure notice in July.

I have been fighting like mad to not have house sold ever since even though I am at 3rd payment of trail. It is very very hard to stop a sale date. Only "in theory" are foreclosure not to be issued or sales made when on the trial.

Clawing my way to the top of the food chain at CitiMortgage to the mangers unit they say "don't worry we have you on fold with no sales date"

BUT then I talk to the Trustee - the one that actually does the sale and find no, all they can do is delay the sale 30 days. They now show sale date 11/30 vs original 10/26

Than I talk today to a lawyer. They say sales happen all the time even when Trustee has a latter date. She suggested I go to the Trustee sale on 10/26 and try and find what the guy in the chair at the steps of the Courthouse has since he is the one that sells the home. I am totally unclear what can be done at that point other than have my cell phone and all the people to try and reach that told me not to worry!

That is why we need a foreclosure sale moritorum. Too many folks are having homes sold with no notice and no change to do anything else. Or being told wrong info and having home sold.

Sales are VERY hard to reverse once they occur per attorney and rarely are reversed.

[davephx]

Has anyone had any response to a CWR?

My guess is that it will be ignored. Than you can pay $25,000+ for an attorney and try and sue them after the house is sold. Than 3 years later you win or lose, probably lose depending on the merits of the CWR

I hope I am wrong!!!

[caldwellb02]

Chase received my QWR on 10/6 (I have the postcard). If they do not reply by 10/26, what actions should I take?

[caldwellb02]

I've been reading on other threads that people are not getting responses to their QWR's.

Does anyone know what the teeth in the law are if you don't get a response?

My twenty working days is up next week (I miscalculated before). If they don't respond, I want to be ready.

I do hope they respond, but if they don't I'm thinking I will:

1. Send another letter with the QWR attached.
2. Send the letter, QWR and a complaint to my State Attorney General (the banks are already on his radar)
3. Send the above to jamie dimon and david lowman

What else can a person do if the QWR isn't responded to?

[Moe Bedard]

Originally Posted by caldwellb02

I've been reading on other threads that people are not getting responses to their QWR's.

Does anyone know what the teeth in the law are if you don't get a response?

Most people do not do anything and the banks know it. It probably costs less to ignore you and gamble to see if you have the wherewithal to bring a lawsuit against them.

Per RESPA LAW:

You may bring a private right of action under Section 6, if you suffer damages due to the lender's servicing of the loan. See the RESPA statute and regulations.

My twenty working days is up next week (I miscalculated before). If they don't respond, I want to be ready.

I do hope they respond, but if they don't I'm thinking I will:

1. Send another letter with the QWR attached.
2. Send the letter, QWR and a complaint to my State Attorney General (the banks are already on his radar)
3. Send the above to jamie dimon and david lowman

Great plan.

What else can a person do if the QWR isn't responded to?

Go to court and sue them.

RESPA Complaints and Enforcement

Persons who believe a settlement service provider has violated RESPA may wish to file a complaint. For details on how to file a RESPA complaint with HUD, see File a Complaint: Department of Housing and Urban Development (HUD).

HUD, a State Attorney General or State insurance commissioner may bring an injunctive action to enforce violations of Section 6, 8 or 9 of RESPA within three (3) years. Under Section 10, HUD has authority to impose a civil penalty on loan servicers who do not submit initial or annual escrow account statements to borrowers.

Individuals have one (1) year to bring a private lawsuit to enforce violations of Section 8 or 9. A borrower may bring a private lawsuit, or a group of borrowers may bring a class action suit, within three years, against a servicer who fails to comply with Section 6's provisions. Lawsuits for violations of Section 6, 8, or 9 may be brought in any federal district court in the district in which the property is located or where the violation is alleged to have occurred.

[killingmesmalls]

Hi All, Thanks for the posts, they are really helpful. I am 7 months into a loan mod app with Chase and getting nowhere fast. I think I might have a case of mortgage mismanagement the first half of this year and am debating whether to tackle this issue with Chase while simultaneously applying for a loan mod through them. I have been so caught up with loan mod that I kind of forgot that they never truly resolved this issue, and I was hoping it might resolve itself - silly me.

I teeter totter about paying verses not paying - I really fear the consequences, but don't want to keep paying on a house that will be taken away anyway. I have tried to calculate our NVP from the calculator on FDIC website - and am not sure if I am doing it correctly. From what I can tell we need to bring in an additional $1000 a month and have our property valued at $180000 to pass the test - I think right now it is closer to $220000-240000.

I am considering writing an additional complaint (QWR - qualifying written request) about how our mortgage payment got so screwed up at Chase's end the first half of this year after I switched a home insurance companies. THe new policy with Farmers was half the cost of the one we had when we initially bought the house - and the payments should have gone down $50 a month. I also got our property tax reassessed from $4800 to $2400 in the beginning of the year. Somehow they double paid one of the insurance companies, and they said that I should get a refund from the tax assessor - and it was suppose to all magically work out. Meanwhile we had months where our payments were $300 - 400 higher than the original loan terms - they stated escrow acct. deficient, but it had plenty to cover the new tax amount. IT was like they were borrowing money from me, to lend to the tax collector, who then had to give the additional amount back to me. ANd all this while we are losing a lot of income do to the economy and using our savings to make the mortgage payments.

Anyway our original payment was $1985 - everything included. I finally got Chase to adjust it down from the $2300 range, but it is still higher than the original at $2084. The payments should have gone down around $250 a month by my calculations to $1735. I had kind of forgotten about this until I entered my numbers into the NVP calculator - and kept coming back with a monthly payment lower than original. There has been no real explanation for this, and I got so busy with the loan mod paperwork that I kind of just forgot & figured it would work itself out. Any ideas? I am thinking if I file this complaint - I am told they can not damage your credit rating until the case is closed - which might really benefit me during the loan mod. ANyway I thought I would put it out to you all and see if I can get some advice.

Thank you again!