Original Note

[EstherL]

Just wondering if anyone has asked Countrywide to produce the "original note"? If so, have they produced it? I've heard of people doing this to help in the modification/foreclosure...but not sure if it's worked with Countrywide?

[Evan Bedard]

Hi EstherL,

Just wondering if anyone has asked Countrywide to produce the "original note"? If so, have they produced it? I've heard of people doing this to help in the modification/foreclosure...but not sure if it's worked with Countrywide?

You can get CW to produce the original note bysending them a qualified written request (QWR). Go to the Do-It-Yourself section in the forum to find examples..

[EstherL]

What do you do if you have sent a QWR - Respa letter but they didn't answer everything? For instance, we sent one 5-6months ago and they send info regarding payments,etc but never saw information regarding original note.

[Evan Bedard]

Did you ask for all the original loan documents in the first one you had sent?

[davephx]

It seems QWR's are simply not being responded to.

So what do you do if they don't response? Sue them? But you have no standing in Court if a non judicial state. You spend 25k to sue them, they produce the note after 2 years in Court, 2 years after your house was sold. I don't see what that accomplished.

Has anyone had a QWR work for them????

[caldwellb02]

If you didn't get a response - does that mean you didn't get the first twenty-day acknowledgement letter too? I did get that last week. from chase

[EstherL]

Yes, I asked for the original note in the respa I sent, including cover page for a lawful verification of accounting for Countrywide to sign and notarize (which they have refused to do). I actually got the respa letter from a lawyer we know (we provided us a copy of a legal one to send in our name). BOA hasn't produced the note.

I figure my only recourse is to sue, but I'm sure they would foreclose and sell my house before the lawsuit was done, not to mention the cost of attorney's etc.

[EstherL]

Caldwellb2: Yes, I got the 20 day acknowledgement letter, requesting more time, but didn't get much more beyond dates of when we made payment, escrow transactions, etc. That was over 4 months ago now...

[davephx]

As it seems QWRs are not helping any so folks should stop recommending them if just a waste of time and false hopes.

Perhaps they can be raised as a defense however if lucky enough to be in a judicial state.

[mgallant]

Originally Posted by davephx

As it seems QWRs are not helping any so folks should stop recommending them if just a waste of time and false hopes.

Perhaps they can be raised as a defense however if lucky enough to be in a judicial state.

Good luck with any of these schemes you read about! I would guess that 99.99% of these people who think they can either get there home for free or force the banks to act in there behalf because they asked for the original documents are wasting there time! Unless you are a trained Lawyer in this type of law or can afford to hire the best who practices this specific type of law then forget trying to get the banks to jump through these hoops. You might stir up the bank and have them flag your account and make your life miserable!

[LUEser]

It doesn't seem to me that people who are using the "produce the note" argument or sending a QWR are people that are trying to bully the banks into acting at their whim. I think the sense that these people are facing is one of distress and they're simply using these methods as they are the only tools they have. It doesn't make logical sense that someone who is in the foreclosure stages of home ownership to have the money to retain a top notch lawyer to help them with potential RESPA, TILA, and HOEPA violaitons. It logically follows that, fiscally, many of them choose to either do it themselves, pro se, or go through an organization such as NACA.

On a side not, there are two type of NACA both of which may be able to help in these situations. The one most commonly referred to on this site is the Neighborhood Assistance Corporation of America.
NACA
But there is also a lawyer's guild the National Association of Consumer Advocates
National Association of Consumer Advocates ? Consumer Protection Advocates and Attorneys, who specialize in consumer protection laws. It's possible that one looking for legal help may find a NACA lawyer that would take a strong case on a contingency basis or a sliding scale income payrate.

I've heard very good things in the past about these guys from Credit Info Center who recommend these guys for Fair Debt Collection Practices Act violations as well as Fair Credit Reporting Act violations.