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| Predatory Lending & Mortgage Law Are you the victim of predatory lending? You're not alone. Learn about the laws and from experts who can direct you in the right direction. Mortgage laws such as the Truth in Lending Act and RESPA can save your home from predatory lenders. |
This is a discussion on Qualified Written Request first? within the Predatory Lending & Mortgage Law forums, part of the Foreclosure Laws category; I am wondering if I should send my lender a QWR then have a Forensic Loan Audit performed instead of ...
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| | #1 (permalink) |
| Member Join Date: Jun 2009
Posts: 24
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Qualified Written Request first? I am wondering if I should send my lender a QWR then have a Forensic Loan Audit performed instead of asking for a Loan Modification. I have read the e-book but I have some gray areas. I am extremely confused about this process. Please can someone write back? |
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| | #2 (permalink) |
| Senior Member Join Date: May 2009 Location: Aurora, Illinois
Posts: 36
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Qualified Written Request first? Hi, some on this site have done both, but since the application and mod process can be involved and long, you might want to start with the mod request. Some folks go to the QWR as a plan B or to give weight to their application for a mod. Unless you feel strongly that your mortgage would fail a forensic audit, I would start with the mod request. |
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| | #3 (permalink) |
| Member Join Date: Jun 2009
Posts: 12
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Qualified Written Request first? And what if you're 100% sure that you have SEVERAL clear predatory lending violations? Would it be better to go in aggressive and get noticed or to try playing nice at first? In other words if you've had two attorneys confirm the violations but neither have the time or interest to pursue litigation is it worth continuing to find a lawyer to go in hard or to maybe get the process going yourself and then bring on an attorney a bit further into the process? |
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| | #4 (permalink) | |
| Homeowner & Forum Guide Join Date: Feb 2008 Location: San Diego
Posts: 877
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Qualified Written Request first? Quote:
The link below will help you understand the process of QWR because not all QWR requests are considered predatory and qualified for loan modification. http://www.ababj.com/briefing/scare-mail-beware-of-qwr-s.html I think NACA can help you and you don't have to pay anuthing because it's free. https://www.naca.com/index_main.jsp Mortgage Scam prevention: Don't fall for promises like "We'll save your credit"; "We'll buy your house 'as is'"; or We'll get you a new mortgage with low monthly payments Don't sign away ownership of your property (sometimes called a "quit claim deed") to anyone without the advice of lawyer you trust. "When people get behind on their loan payments, they get a bit desperate, but the answer is not putting someone else on your title Beware of any home sale contract where you aren't formally released from liability for your mortgage. Also, make sure you know what rights you're giving up and that you agree to giving them up. Don't call for assistance from one of those ubiquitous signs on telephone poles that advertise help. Chances are, that's not where help lies Do proceed with caution, if a company or person Describes itself as a "mortgage consultant," "foreclosure service," or something similar; Collects a fee before giving any services; Don't sign anything that has any blank spaces. Information could be added later that you didn’t agree to. Yes, it happens. Never sign a contract under pressure. Always know exactly what you're signing. Take your time to review the paperwork thoroughly — ideally with a lawyer who only represents your interests Cast a jaundiced eye at deals that sound too good to be true. Lately, some scam artists promise they'll wipe out or pay off your home's debt for you (so-called "debt elimination"). Some flustered homeowners bite. Just remember the free lunch rule: There isn't one A final thought: Remember, if you can't fix your finances, selling your house (on the normal market, that is) may not be the end of the world. Sure, you'll be a renter again. But given how much homes around the country have appreciated in the last several years, chances are you've made some money, which you can use to get back on your feet Don't panic. Get full information on the foreclosure process in your state. Make sure you know ALL deadlines — for court, for document filings, etc. States usually have associations that can offer free advice. For who to turn to for advice, click on your state http://www.hud.gov/local/ God bless and peace be with you.
__________________ Regards, Faith "Pay it forward" | |
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| | #5 (permalink) |
| Senior Member Join Date: Nov 2008 Location: Northern CA
Posts: 1,764
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Qualified Written Request first? Faith - my lender won't talk to me any more about a mod because I am working with NACA. I think they found that info out when I e-mailed Jamie Dimon with an quite non-nasty letter in which I told him I had also contacted my congressman, senators, and was working with NACA. I was working with the Executive Team at Chase but she says her manager told her just the other day not to talk with me. Do you know anything about lenders' contracts with NACA and their hands being tied such that they can't talk with us? Does anyone know anything about this?? |
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| | #6 (permalink) | |
| Homeowner & Forum Guide Join Date: Feb 2008 Location: San Diego
Posts: 877
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Qualified Written Request first? Quote:
Hello and welcome to this forum, Why don’t you call NACA and tell the person assigned to you that the lender doesn’t want to talk to you anymore because of being involved with NACA. Please stay with them and follow their guidelines, they do stand beside you and will guide you along. Do as they ask in contacting your Senators and Congressman, reach out to as many people you can. You will get answers back, I have read in one of the threads about his NACA experience. He said he wrote letters to his Senator and congressman and he received correspondence from that Senator as well as phone from his office staff. He even have received calls from his Congressman’s office, they called him the next day each time he faxed over something to them. He was told that his mortgage company contacted his Senator's office, in return that Senator's office called him at work to let him know he should have an answer to his modification in 8-10 days, He has been working with NACA since January 2009. he tried working with his mortgage company for over a year and they just brushed him off. UNTIL he faxed letters to the CEO of the mortgage company along with faxed & mailed letters to his Congressman & Senator. That's when he received a phone call from the mortgage company talking about a letter they recieved from his Senator. So call NACA, follow their requests and contact everyone, they will even give you a list with names and numbers. Be pleasant when writing and/or speaking with anyone, remember you get more with honey than vinegar. But be bold, persistent and have patience with the whole process, it's worth it. Thank God and be blessed. The link below is for your information only about NACA.
__________________ Regards, Faith "Pay it forward" | |
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| | #8 (permalink) | |
| Homeowner & Forum Guide Join Date: Feb 2008 Location: San Diego
Posts: 877
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Qualified Written Request first? Quote:
You will find more about QWR, letters and its process and how to know the valid QWR in this link. http://www.loansafe.org/forum/unite-...t-buckets.html Hope this helps.
__________________ Regards, Faith "Pay it forward" | |
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| | #9 (permalink) |
| Senior Member Join Date: Nov 2008 Location: Northern CA
Posts: 1,764
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Qualified Written Request first? faith - thank you for your response. I do not as of yet have one specific person I am "working with" at NACA, although it has been 4 months since they submitted the proposal to the lender. I have a phone consult set up with NACA on Wednesday, and do hope they keep it. NACA has been very difficult to get ahold of lately. I have contacted my congressman, senators and the president. I have spoken with the congressman's office (they said they were sending my letter to Geithner), and with my senator's office (about three weeks ago they said they were "opening a case.") There has been nothing since from anyone. The only communication I get is when I initiate it (doesn't matter if its chase or naca or my reps) or when I get the letters in the mail saying my ARM is adjusting up again on 9/1/09. I am going to continue to press, but I am still VERY curious if there is a provision in lenders' contracts with NACA that says they can't talk with me if I'm working with them. I never ever signed away that right. |
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| | #10 (permalink) | ||
| Homeowner & Forum Guide Join Date: Feb 2008 Location: San Diego
Posts: 877
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Qualified Written Request first? Quote:
Quote:
NACA Member Services is always available via email at office memberservices@naca.com savethedream@naca.com or by calling 1-888-302-6222 or 1-888-404-6222. I found this information in one of my research. Maybe you should try calling her. Joslynn Williams., NACA Mortgage Consultants She’s in Nashville call her to ask for help and directions on what to do She is the most tenured NACA Mortgage Consultant in her region’s office and she is very dedicated to helping homeowners. Her office line is615-783-1696 or 615-783-1694. She is highly recommended by Monica, former NACA Mortgage Consultant.
__________________ Regards, Faith "Pay it forward" | ||
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| | #11 (permalink) |
| Homeowner & Forum Guide Join Date: Feb 2008 Location: San Diego
Posts: 877
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Qualified Written Request first? Information and links for NACA: https://www.naca.com/refinance/refinanceTenStep.jsp NACA’s Politician search link https://www.naca.com/members/publicPoliticianList.jsp For Homebuyers there’s a membership fee of $20 per household and $10 for credit report. https://www.naca.com/members/purchaseStep.jsp Neighorhood Stabilization Fund" for $50/ per month for five to ten years.
__________________ Regards, Faith "Pay it forward" |
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| | #13 (permalink) |
| Senior Member Join Date: Nov 2008 Location: Northern CA
Posts: 1,764
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Qualified Written Request first? First - I've called that consultant twice. Maybe third times a charm. Also - I'm going to send a QWR. and I'm also going to be asking for the following: "Since I have never signed away any rights to talk with you, I am also requesting a copy of the “contract” you say you have with NACA that signed away those rights without my knowledge." Of course I don't know if they HAVE to send this, but I have looked all over this forum and there are many many people who are working with their lenders and with NACA. Chase has shut me out and I want to see how they can get away with it. I'm pretty frustrated right now because NACA is making me start all over again. From the beginning. With a Homesave Counselor. In a week. Incredible. |
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| | #14 (permalink) |
| Homeowner & Forum Guide Join Date: Feb 2008 Location: San Diego
Posts: 877
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Qualified Written Request first? [quote=caldwellb02;117644]First - I've called that consultant twice. Maybe third times a charm. Also - I'm going to send a QWR. and I'm also going to be asking for the following: Caldwellb02, Here's another contact number for NACA Kevin Winn 617-250-6222 x 254, NACA supervisor
__________________ Regards, Faith "Pay it forward" |
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| | #15 (permalink) |
| Senior Member Join Date: Nov 2008 Location: Northern CA
Posts: 1,764
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Qualified Written Request first? Faith - thanks. I did call Kevin Winn and he was helpful. I will stick with NACA for a while longer. He said Chase's reason for my denial was "ridiculous" and also that many lenders won't talk with us if we are working with NACA (so those of you reading - DON't tell your lender if you are also working with Naca! let them find it out for themselves..... or not.) I have a QWR all prepared, but haven't sent it yet. Still toying with the idea. I have been told by an attorney that it is more of a stall tactic for most of us, and that a good attny can get any suits from us thrown out -for instance, if the mortgage co. falsified your salary, an attny might say you should have known better than to get into the loan. |
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