HomEq and QWR, or lack thereof

[readynowtx]

It has now been a month since I sent my QWR to HomEq, and no response from them. They did, in fact, receive it because I have the certified mail receipt. Any ideas/suggestions? Thanks!

[Moe Bedard]

I am not positive that is correct. My understanding is that they have to confirm in writing that they received the QWR. The return receipt is from the Post Office showing it was delivered and signed for.

That is your "evidence" it was properly served.

(A) In general

If any servicer of a federally related mortgage loan
receives a qualified written request from the borrower (or an
agent of the borrower) for information relating to the servicing
of such loan, the servicer shall provide a written response
acknowledging receipt of the correspondence within 20 days
(excluding legal public holidays, Saturdays, and Sundays) unless
the action requested is taken within such period.

(B) Qualified written request

For purposes of this subsection, a qualified written request
shall be a written correspondence, other than notice on a
payment coupon or other payment medium supplied by the servicer,
that--

(i) includes, or otherwise enables the servicer to
identify, the name and account of the borrower; and
(ii) includes a statement of the reasons for the belief
of the borrower, to the extent applicable, that the account
is in error or provides sufficient detail to the servicer
regarding other information sought by the borrower.

(2) Action with respect to inquiry

Not later than 60 days (excluding legal public holidays,
Saturdays, and Sundays) after the receipt from any borrower of any
qualified written request under paragraph (1) and, if applicable,
before taking any action with respect to the inquiry of the
borrower, the servicer shall--

(A) make appropriate corrections in the account of the
borrower, including the crediting of any late charges or
penalties, and transmit to the borrower a written notification
of such correction (which shall include the name and telephone
number of a representative of the servicer who can provide
assistance to the borrower);

(B) after conducting an investigation, provide the borrower

with a written explanation or clarification that includes--
(i) to the extent applicable, a statement of the reasons
for which the servicer believes the account of the borrower
is correct as determined by the servicer; and
(ii) the name and telephone number of an individual
employed by, or the office or department of, the servicer
who can provide assistance to the borrower; or

(C) after conducting an investigation, provide the borrower
with a written explanation or clarification that includes--
(i) information requested by the borrower or an
explanation of why the information requested is unavailable
or cannot be obtained by the servicer; and
(ii) the name and telephone number of an individual
employed by, or the office or department of, the servicer
who can provide assistance to the borrower.

(3) Protection of credit rating

During the 60-day period beginning on the date of the servicer's
receipt from any borrower of a qualified written request relating to
a dispute regarding the borrower's payments, a servicer may not
provide information regarding any overdue payment, owed by such
borrower and relating to such period or qualified written request,
to any consumer reporting agency (as such term is defined under
section 1681a of title 15).
(f) Damages and costs
Whoever fails to comply with any provision of this section shall be
liable to the borrower for each such failure in the following amounts:
(1) Individuals
In the case of any action by an individual, an amount equal to
the sum of--
(A) any actual damages to the borrower as a result of the
failure; and
(B) any additional damages, as the court may allow, in the
case of a pattern or practice of noncompliance with the
requirements of this section, in an amount not to exceed $1,000

[Moe Bedard]

Hi Moe,
That was just my understanding from an attorney, otherwise I am in the same boat........the lender is not acknowledging receiving the QWR in writing as being received and the only thing I have is my return receipt and on top of it they did charge the late fee for Feb. after receiving the QWR but I guess because they didn't acknowledge it in writing I am still going to get reported late.

[Andrew]

I know with countrywide I received a written confirmation that they received my QWR. And they said they would reply within 30 business days to my request.

[Moe Bedard]

Andrew,
About how many days was it before you received the written letter that the QWR was received? It has been 10 business days already.......just curious..

[readynowtx]

HomEq has now failed to acknowledge my QWR within 20 business days. Why am I not surprised? Does anyone has the address for RESPA in Washington, DC? I plan to send a follow-up RESPA letter to Washingtom, with a CC to HomEq in Sacramento. Of course, I will outline their specific non performance.

I have been playing phone tag with Marshall Rosenbach's office regarding their performing a forensic audit. It might duplicate efforts, but I guess I should proceed with my own QWR. Any thoughts?

Also, I have retained another attorney to help remove the foreclosure from my credit report. I am very leery of credit repair companies, but I went the extra mile in checking out his firm. Good folks, and they get results. I wonder what HomEq is thinking right now, with a BBB complaint, QWR request, and now an attorney wanting proof of why I was forced into foreclosure. Almost forgot - filed a complaint with the Texas Attorney General too.

Next item to do: HUD and FTC letters, and California Attorney General. Should I CC these to HomEq too? Miss Manners taught me that it's impolite to not include everyone at the table in a conversation.

[Moe Bedard]

RESPA is an act not an office......a complaint about non compliance of RESPA needs to be directed to HUD and you can file a complaint online at
www.hud.gov

and you can also address a hard copy there too
Hope this helps......

[readynowtx]

Thanks for your help, ***, you pointed me in the right direction. From the HUD website:

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

File the QWR and keep at Marshall...not duplicating....also you do need to complain to the FTC....they are really very, very proactive in the process of dealing with these guys...they actually do the dirty work of shutting them down. www.ftc.gov

[readynowtx]

Hey Poppy, just wanted you to know I filed with the FTC a few days ago, and received an email confirming their receipt of my complaint. Today a snail mail letter from the Texas Attorney General arrived; apparently a Compliance Specialist will be looking into my complaint. No promises of any action, of course.

In my last QWR letter to HomEq, I told them that I wanted all further communication to be in writing. The Customer Service rep, Virginia, won't return my calls now. I would like to get the forbearance agreement revised, since they are killing me on the payments.

Time for a follow up QWR, since they are well past the 20 day framework. I need to direct her to call me, or perhaps she is concerned and not returning calls becuase the QWR has not been done yet. Hmm. Should I include copies of the FTC and TX Attorney General's correspondence? Suggestions? Thanks!

I would include copies of the correspondence and also report them to HUD, hav also contacted the State Banking Commissioner there?

They are hideous people....no lie. Keep calling good old Virginia, one of these days she has to pick up the phone

[readynowtx]

Poppy-

Thought you would like to know - yesterday I forwarded copies via email of my QWR letter to various departments at HUD. As you may recall, HomEq has passed the 20 day mark, and no written acknowledgment.

Just got 3 emails back from directors at HUD. They are contacting HomEq today and will let me what they find out.

Man, you were right. HUD does not mess around! Thanks for all your help, and I will keep you posted.

[readynowtx]

Things just more more interesting. HUD emailed me back and said they had a telephone conversation with HomEq. HomEq told HUD that a written response was sent to the BBB as well as myself on February 8, 2008, the date HomEq received my certified QWR letter. I have no such letter.

I have an email from BBB dated 2/22/08 stating they had received no correspondence from HomEq. I copied and pasted the BBB email and sent HUD that info too.

Now they are lying to a Federal agency about a RESPA complaint? That's just insane. What's next in this saga?

Morons and @sses....enough complaints of this sort, guess HUD will be there next after Ocwen.....

BBB is not one to fool with either...they do have some real teeth and when they get mad...oh my...same with HUD and FTC...