No response to qwr

[gordons5]

Hi, I am new here, but I am wondering what to do if I received no response from loan company(homecomings) to my QWR? They were supposed to respond by yesterday(August 1) that was their 20 business day deadline, I received no response. What do I do next?
Thanks...

[elpjohnson]

Hey there gordons5...

They have 20 days to acknowledge your QWR and 60 business days to respond. Hope this helps!

[gordons5]

Thanks for your reply. They never acknowledged they received it, I sent it to them via fax July 7th, I know they received it, I have the fax confirmation sheet, so they should have acknowledged by the 1st of August, and I have heard nothing from them. What do I do now?

[elpjohnson]

Actually, you probably should have sent it certified so you can have an actual signature but I'm sure the fax is okay......I would give it another week or so then call and find out if they got it, if they didn't get it then you need to re-send it fax, certified, and e-mail if you can....maybe that would work. I know that you can file a complaint against them if they don't respond to your QWR.....*** could probably answer this better than me......hope it helps!

Good luck.

[gordons5]

I thought about sending it certified, but decided they can not argue a fax confirmation, what they do with it once they get it is not my business, just getting it to them is so I decided to skip the certified as this would just prolong their response. I guess I will send it certified Monday morning, but in the mean time, do I file a complaint with the Dept of Commerce? I requested a loan modification in May after my husband was in a bad car accident and got a brain injury. He is our only income, and with him out of work, the only money we get each month is from the insurance co. I requested a loan mod as a proactive step thinking it would help my case if they saw I was trying to be proactive. I sent the request, called, faxed letters, always no response. I figured it would be the same with the QWR, and I guess I was right. Thanks for your help.

[RudyJay]

Gordon

I sent a certified letter to Homecomings for a QWR on June 2nd and then 2 days later faxed them a qwr and hardship letter. The response was within the 20 days... I would resend the request for the QWR certified and add a copy of you fax confirmation with the form.. I certainly would call too... Is it just the docs you want? On the automated phone system they have a routed extention for requesting forms.. We all certify and document everything.. rj

[elpjohnson]

Filing a RESPA complaint

Persons who believe a settlement service provider has violated RESPA in an area in which the Department has enforcement authority (primarily sections 6, 8 and 9), may wish to file a complaint. The complaint should outline the violation and identify the violators by name, address and phone number. Complainants should also provide their own name and phone number for follow up questions from HUD. Requests for confidentiality will be honored. Complaints should be sent to:
Director, Office of RESPA and Interstate Land Sales
US Department of Housing and Urban Development
Room 9154
451 7th Street, SW
Washington, DC 20410

You file a complaint to the above address....a more complete explanation is in the homeowner toolbox under Qualified Written Request.

[gordons5]

I have all things documented, all faxes have fax confirmation sheets, all phone calls are noted with date and time as well as name of rep. I will start over Monday morning, fax over the hardship letter with fax confirmation, as well as QWR with confirmation, and follow up with call. I requested all docs, HUD1, TIL, GFE, etc...I also emailed mortgage broker after hunting her down in new out of state office as the office here is closed. She told me that all loan docs they had have been shredded. I didn't think they could do that. She also said that I should not worry about docs they would have had, I should get closing docs from title company, I asked her what good those would do me without the GFE and such. Of course, no reply, no surprise, I guess if she were honest I would not be in this horrible loan to begin with. Well, thanks for all your help, I guess I will go back to square 1, and start over, but making sure they have all the confirmations and documentation I have, and hopefully that will have them moving a bit faster.

[elpjohnson]

You can cc God and everybody on the QWR....even the hardship letter. I cc'd the Vice President and my Congressman. Who's your lender?

[RudyJay]

Do you have a hardship letter? try emailing the hardship like *** says to:

javid.jaberi@gmacrescap.com


GMAC or trying to reach Homecomings, below is updated contact information. I'm advising that everyone take notes of your conversations or your attempts in trying to reach someone at GMAC/Homecomings.

GMAC Corporate
1100 Virgina Drive
Fort Washington, PA 19034
215-682-1000
215-682-3086 fax

Homecomings Financial
2711 North Haskell Suite 900
Dallas, TX 75204
800-206-2901
800-399-2690 fax

CEO is David Applegate.
javid.jaberi@gmacrescap.com
800.850.4622 and use
x2362609 – loss mitigation GMAC


Customer care: 1-800-766-4655

The loss mit number I used was: 1-800-799-9250

hope this helps...rj

[elpjohnson]

Sorry I missed the lender part in the first post .....way to pay it forward rj, you're awesome!

[gordons5]

WOW!! You sure have helpful people and information here. I will email that letter to the email address you posted, I truly appreciate your help!!! Thanks again for all your help!!! Should I email a copy of the QWR to that address as well?

[RudyJay]

I didn't use the email address but others in the forum have and they were responded to quickly.. ..... One thing... though *** recommends putting the letter in the body of the email .. instead of an attachment... Maybe you could send QWR in the body of a second
email and mention in your hardship letter or QWR that you have a fax documentation of the QWR which was sent prior to this attempt with no response within the 20 days.. good luck. I think desperate measures for desperate times... Good luck...

thanx Erika..

[gordons5]

Well, I sent the email to the address that RJ posted, and received an email back from hopecounselorhotline@gmacm that says they will respond within 24-48 hours. Hopefully something good comes out of it this time. Thanks again for the good info.

[RudyJay]

Good luck... rj

[gordons5]

Well, apparently the guy who I sent the email to does not mess around. I have my loan docs in hand right now, and a modification in the works. He accomplished in 4 days what I have been working on for 3.5 months. I have to go thru the loan docs to see what they have to say and hope the modification is everything I am hoping it will be. My next question is this...what do I do if there is a huge difference with the loan docs? What are my options? My old neighbor just had his looked at, his were done by the same broker, and his is full of discrepancies, but he has no clue what to do next either. Thanks for all your help, you have been extremely helpful already, I can not believe 4 days is all that has passed since I emailed that guy, and so much has been done. You are lifesavers!!!

[RudyJay]

Good job... Let us know whats up.. rj

[Moe Bedard]

Now, this is what Loan Safe is about. People helping people and paying it forward.

Great job Rudy and Erica. I am proud to have you as members.

[gordons5]

So, I got the papers requested on my QWR. I was not given the loan app, right to cancel, til, gfe, and disclosure and rate sheet, they told me that is not related to the servicing to the loan and would not be included. Why is that? On the other hand, I heard back from loss mit woman, she says they are lowering our rate to 6.5, down from 7.5, but she can not do anything about the fact that it is interest only. Not to excited about their loan modification offer, but hey, something is better than nothing. Oh, and as a side note, included in my paperwork was some paper for someone elses loan, her name, address, phone number, account number. Wow, I sure hope they are this careful with everyone's private information. Lucky for them I am not an identity thief, or they would have just made it that much easier for me. Crazy, you would think they would be more careful. So, anyone have any ideas why they would not send the other papers I requested? Thanks again for all your help!!

[RudyJay]

... you know you may want to try the e mail address with the question on why you didn't get all your paperwork you requested and as a side note.. in your letter you may want to mention the other person's information..

[Moe Bedard]

So, I got the papers requested on my QWR. I was not given the loan app, right to cancel, til, gfe, and disclosure and rate sheet, they told me that is not related to the servicing to the loan and would not be included. Why is that?

They are wrong! Servicing a loan requires that the servicer accurately bills for payments as described in the TIL. This relates to servicing a mortgage. So does the other papers also. As the servicer, they purchased the right to service what they say they are not required to give you.

Where the heck are you supposed to get his paperwork? Do you see the nonsense in what they are saying?

I would write another letter and tell them that the next letter will be to HUD, the FTC, the OCC etc.

On the other hand, I heard back from loss mit woman, she says they are lowering our rate to 6.5, down from 7.5, but she can not do anything about the fact that it is interest only. Not to excited about their loan modification offer, but hey, something is better than nothing.

The key here is that you can afford what they are offering. If its is affordable, then agree to it, if it is not, then don't agree.

Oh, and as a side note, included in my paperwork was some paper for someone elses loan, her name, address, phone number, account number.

That is scary. Make sure that it really is not for your loan.

[gordons5]

Thank you for all your good information. I have sent an email to Javid Jaberi at GMAC again, I am sure he is hating me by now. I told him I would be sending my next letters to HUD, the FTC, and the OCC, so I appreciate that good info, I would have had no clue who to send those letters to. I will keep you posted as to what happens next. As for being able to afford what they offer, it helps, doesn't make things really any easier, our taxes went up 73.7% this year, no, that is not a typo, so I am happy with any reduction, but what are my options really, say no and keep paying what I am paying? This really isn't up for negotiations is it? Between the property taxes, and being so upside down, I do not have many options, I want to keep my kids were they are, so walking away is not an option. I am beyond frustrated with this situation. I appreciate all your help, this site and its members have been a lifesaver. Thank you for that.

[RudyJay]

Keep in touch gordon... we care... hopefully Javid or whomever will give you the info you need... follow Moe's recommendations...

[925girl]

I wrote Wachovia to ask for a QWR on 8/1/08. They certified mailed me today a letter stating only that my loan is a Conv. Residential ARM. Is that it? Should I continue to press on for the papers?

Thanks

[elpjohnson]

Hey 925girl...

The QWR is the Qualified Written Request that you wrote requesting ALL of your documents and the payment history on your account....so, the QWR comes from you and is a request from you to them for docs, etc....oh, they have 20 business days to acknowledge and 60 business days to respond to your request. So, if you requested documents it would come within 60 business days or so.

Hope this helps.....