Can anyone elaborate?

[alwayshope]

Can anyone tell me exactly what a qualified written request is and what it is used for? My 1st thread I posted on this forum was replied to by Moe and he stated to do that....and where would I send it....Barbara's office??

Thanks for all your help, you all have been so wonderful! It keeps me sane coming to this forum everyday....don't know what I would do without it!

[ama125]

Don't know all the details, but Moe has written about it here and it is mentioned in his free e-book... Qualified Written Request | LoanSafe.org

[alwayshope]

Originally Posted by ama125

Don't know all the details, but Moe has written about it here and it is mentioned in his free e-book... Qualified Written Request | LoanSafe.org

Thanks Ama125....have not downloaded the e-book...do you suggest I do so? I am always relucant to do anything "FREE".

[ama125]

Originally Posted by alwayshope

Thanks Ama125....have not downloaded the e-book...do you suggest I do so? I am always relucant to do anything "FREE".

I did and truly is "free". Since it is coming from Moe and he is the founder of this forum, I felt safe doing so. Lots of info in it but no mention on MHA since it wasn't around until this year, but still a good source of information.

[alwayshope]

Originally Posted by ama125

I did and truly is "free". Since it is coming from Moe and he is the founder of this forum, I felt safe doing so. Lots of info in it but no mention on MHA since it wasn't around until this year, but still a good source of information.

Thank You again ama125....there is info in the book about QWR's?

[ama125]

Originally Posted by alwayshope

Thank You again ama125....there is info in the book about QWR's?

There is info explaining what it is, basically a written request from you the borrower to the servicer. It is set in the context of a forensic loan audit, but I believe it to be any kind of written request and they have to respond to it in a timely manner (what the consequences of failing to do so or who holds them accountable, I don't know). It is a good reference guide and lots of info in it.

[so-cal-gal]

Originally Posted by ama125

There is info explaining what it is, basically a written request from you the borrower to the servicer. It is set in the context of a forensic loan audit, but I believe it to be any kind of written request and they have to respond to it in a timely manner (what the consequences of failing to do so or who holds them accountable, I don't know). It is a good reference guide and lots of info in it.

Now this question of what the consequences of failing to respond to the QWR request has become NEAR and DEAR to my heart. It is posted on this forum in the post #7 made by 'faith' under "The Mother of all QWRs-Guananteed to Make 'Em Squirm and Sweat Buckets!"

The first posting on that thread is NOT the one to follow when generating any QWR. It would have you generate a QWR that the servicer could reject as 'bogus'. Also, if you are not dealing with a SERVICER, this act does not apply to you.

Using the posting Faith entered,
THE PENALTIES FOR FAILING TO RESPOND:
potential recovery of actual and statutory damages (Up to $1,000 per violation on statutory), PLUS ATTORNEY'S FEES.

Class-acton lawsuits are avalable in instances of pattern and practices of non-compliance, within 3 years, of the violation against a loan servicing company who refuses to comply with Section 6 of RESPA.

WHO CAN ENFORCE:
Lawsuits for violations of Section 6 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.

Finally, EITHER
HUD,
a state attorney general, or
state insurance commissioner may bring an INJUNCTIVE action to enforce volations of Section 6 within three years.

My postings that mention RESPA can give you an idea of why I'm glad I know of this section of that Act.