Should We Send In QWR?

[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?

[evel1999]

I did send a letter over to my Servicer stating the RESPA Sect 6 and they have the 20 days to reply and 60 days. They closed my loan modification and took my downpayment, so I mailed that letter, stating they had made a mistake on my loan modification and why could they not re-open my case.
I listed the RESPA Sect 6 at the heading. I wonder what their response will be?

In the meantime, I am working on another modificaiton.

[Serenity]

What did you ask for in the request?

[wannamodify]

As I'm reading along and learning the vast amount of information here, it sounds to me like that is a great idea! Even if it is not for the purpose it was intended (ie RESPA violations), they are mostly likely needed to respond with the required minimum information. Good thinking (I think)!

[Scott Hazlett]

Wanna,

Yes a QWR is a good idea. Be sure to nclude the wording " I suspect violations" somwhere in the body of the letter. As was mentioned above, they must respond with in 20 days and defend their position with in 60. That 60 day mark is not a deadline for change but but simply a legal deadline for them to answer the allegations. Good luck!!