Qualified Written Request

When you obtained your home loan, you must have thought that your mortgage company would hold on to your mortgage and treat you like royalty for the life of your loan. Heck, they wined and dined you when you applied for the darn refinance, then why are the playing games now when all you need is a little help?

Simply put, a lot of abuse happens in the mortgage servicing arena. Some of the BS is done by mistake, but many believe that the constant run around, lost faxes, missed payments and unexplainable fees are done by design to extract more fees from homeowners. The good news is that you have some ammo to help you fight back in case you’re being railroaded into mortgage hell.

Under the Real Estate and Settlement Procedures Act (RESPA) there is a little known consumer protection law that helps borrowers who have special inquiries and or disputes that are not being answered or met with their mortgage servicer. Under Section 6 of the Real Estate & Settlement Procedures Act (RESPA), a borrower can request that the lender document all claims for fees.

If you have been charged questionable fees or even if you have not, isn’t it wise to make your lender prove to you every penny that you owe them?

What a homeowner can do under RESPA is request in writing what is called a “Qualified Written Request (QWR). In this letter you can as about all questionable fees, entries, documentation and a life of loan history (all fees and payments ever made on your mortgage) from your lender.

When you contact your servicer in writing, make sure to document and include your account number. You’ll want to clearly explain why you feel your account is incorrect. Make sure that you send this separate from your payment and don’t send it to where you send your monthly mortgage payments. You’ll want to send it certified mail or fed ex to your mortgage servicers customer service address.

Within 20 business days of receiving your letter, your mortgage servicer must send you a written response acknowledging it. Your servicer then has 60 business days, to correct your account or determine that it is accurate. Your servicer must then send you a written response of the action they took and why, along with the name and telephone number of someone you can contact for additional assistance.

Yes, talk about POWERFUL!

Here is a sample letter:

The following is a sample qualified written request from you, the borrower, to a lender. Use this format to address complaints under the Real Estate Settlement Procedures Act (RESPA).

Attention Customer Service:

Subject: Your loan number
Your Name
Your Address
Your City, State, Zip Code

This is a qualified written request under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing because:

Describe the issue or the question you have and/or what action you believe the lender should take.

Attach copies of any related written materials.

Describe any conversations with customer service regarding the issue and to whom you spoke.

Describe any previous steps you have taken or attempts to resolve the issue.

List a day time telephone number in case a customer service representative wishes to contact you.

I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

Sincerely,

Your name

REMEMBER: This letter SHOULD NOT be included with your mortgage payment, but should be sent separately to the customer service address.

You SHOULD continue to make the required mortgage and escrow payment until the request is resolved. You may bring a private right of action under Section 6, if you suffer damages due to the lenders servicing of the loan. See the RESPA statute and regulations.

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11 Comments

  1. Can you tell me, does a QWR apply for *second mortgages*?

    I sent one to our second mortgage servicer, and their response included this in the first paragraph: ” Please note that the purpose of a qualified written request is to receive information, clarification or corrective action regarding problems and disputes with the servicing of a loan secured by a *first lien mortgage* (bold). You are seeking information for a loan secured by a subordinate lien mortgage. Therefore, 12 USC 2605(e) doe not apply to your loan serviced by us.”

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  2. Here is the Correspondence address for BOA

    BAC Home Loans Servicing, LP
    Correspondences Unit
    CA6-919-0141
    P.O. 5170
    Simi Valley CA 93062
    (805) 520-5019

    We have been able to survive over 90% of the dismissals (12B6)using our QWR.
    Let me know if you need any help

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  3. Wells Fargo is the servicer says they own the loan it is an arm Wells says B of A is investor Pool # 892 I sent Wells a QWR they sent me a letter saying they received an inquiry nothing about a QWR the number they gave me to called went to no where finally after searching I found the woman Christine Kessler written customer contact lady who would answer all my questions she was indigent
    told mr they would not send a letter acknowledging a QWR Your Thoughts and Thanks for fighting the good fight

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  4. My house is in forclosure with BAC no sale date yet How can QWR help stop the process and help me keep my home! My wife left me 1 year ago cant afford on my own and they would not offer a modification

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  5. BOC filed letter of intent could a QWR help if so where do I start and what results should I expect?

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  6. I have been through two loan modifications, one with Country Wide, and then another with BofA after they merged. During second they actually had three going at the same time. While waiting for papers to sign I lost my job. I have been made no payments for year and half now. They have not foreclosed. I sent QWR over 60 days ago. Have heard nothing as of yet. It has been a huge nightmare. Do I any options at this point?

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  7. i am also with bank of idiots i now have a sales date of nov 1 my loan was a fraud i need a audit so i could back it up can someone help me

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  8. Mark Heinzman,

    The number listed is a fax number. Do you have a number that will actually reach someone there. I have yet another sale date with B of A. I want to do a QWR to try to stop the sale.

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  9. The QWR letter does nothing. I sent it in requesting docs pertaining to my loan and they replied they dont have to send me anything and if I ever contact them again all of my correspondence to the bank will go through their attornies and those attorney fees will get added to my mortgage amount. How do you like that one.

    I was defrauded into a 5yr ARM loan when I had perfect credit history, but worried about buying a home for the first time. It was only a matter of a couple hundred dollars/month too. It turns out ALL of the loans this company does are ARM loans so they benefit when they put people into their loans, when I could have been put into a fixed loan.

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  10. Do they have to respond to a QWR when it doesn’t belong to you anymore? I need a lot of Answers. Does my investor have to respond? Does ReconTrust, a subsidiary also have to follow a GWR?

    Bank of America recorded a Rescission of my Trustees Deed of Sale on 11/12. They admit that they had not notified us properly, the sale would not have occurred. We fought and got our home back!!!! We paid taxes and contacted BofA so we could start with the loss mitigation department.

    4 months later 3/2013 Bank of America illegally filed a Cancellation of the Rescission. Stealing our Home again.
    We had to get a high interest loan to secure the loan from the purchaser. I believe they still need to work with me through loss mitigation.

    Now BofA reps don’t even know they did a Rescission. BofA now explains the fault lays with our investor, Federal Home Loan Bank of Chicago, 1 of our 12 Federal Banks. Reps from BofA explain, the company had wanted to do the rescission but FHLB of Chicago, does not participate in any of the making homes affordable programs and they weren’t going to put us back in our loan. Isn’t that required by law. FHLB of Chicago did not care our foreclosure was illegally done. They knew both Bank of America, and the buyer, Etrade/PNC agreed to rescind the sale but they did not care. When I contacted them last week, they didn’t even bother to pull county records and responded, we are not interested in putting your in your old loan……HAHAAH.

    Bottom line, I was to send a GWR to each of these companies, are they required to reply?

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  11. Will you post or email your QWR .

    Thanks,
    Bruce

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