Fight Chase Bank with a Qualified Written Request

Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
Aug 10, 2007
26,840
466
1,000
48
Southern California
www.loansafe.org
I've been reading on other threads that people are not getting responses to their QWR's.

Does anyone know what the teeth in the law are if you don't get a response?
Most people do not do anything and the banks know it. It probably costs less to ignore you and gamble to see if you have the wherewithal to bring a lawsuit against them.

Per RESPA LAW:

You may bring a private right of action under Section 6, if you suffer damages due to the lender's servicing of the loan. See the RESPA statute and regulations.
My twenty working days is up next week (I miscalculated before). If they don't respond, I want to be ready.

I do hope they respond, but if they don't I'm thinking I will:

1. Send another letter with the QWR attached.
2. Send the letter, QWR and a complaint to my State Attorney General (the banks are already on his radar)
3. Send the above to jamie dimon and david lowman
Great plan.

What else can a person do if the QWR isn't responded to?
Go to court and sue them.

RESPA Complaints and Enforcement

Persons who believe a settlement service provider has violated RESPA may wish to file a complaint. For details on how to file a RESPA complaint with HUD, see File a Complaint: Department of Housing and Urban Development (HUD).

HUD, a State Attorney General or State insurance commissioner may bring an injunctive action to enforce violations of Section 6, 8 or 9 of RESPA within three (3) years. Under Section 10, HUD has authority to impose a civil penalty on loan servicers who do not submit initial or annual escrow account statements to borrowers.

Individuals have one (1) year to bring a private lawsuit to enforce violations of Section 8 or 9. A borrower may bring a private lawsuit, or a group of borrowers may bring a class action suit, within three years, against a servicer who fails to comply with Section 6's provisions. Lawsuits for violations of Section 6, 8, or 9 may be brought in any federal district court in the district in which the property is located or where the violation is alleged to have occurred.
 

killingmesmalls

LoanSafe Member
Nov 7, 2009
12
0
0
Hi All, Thanks for the posts, they are really helpful. I am 7 months into a loan mod app with Chase and getting nowhere fast. I think I might have a case of mortgage mismanagement the first half of this year and am debating whether to tackle this issue with Chase while simultaneously applying for a loan mod through them. I have been so caught up with loan mod that I kind of forgot that they never truly resolved this issue, and I was hoping it might resolve itself - silly me.

I teeter totter about paying verses not paying - I really fear the consequences, but don't want to keep paying on a house that will be taken away anyway. I have tried to calculate our NVP from the calculator on FDIC website - and am not sure if I am doing it correctly. From what I can tell we need to bring in an additional $1000 a month and have our property valued at $180000 to pass the test - I think right now it is closer to $220000-240000.

I am considering writing an additional complaint (QWR - qualifying written request) about how our mortgage payment got so screwed up at Chase's end the first half of this year after I switched a home insurance companies. THe new policy with Farmers was half the cost of the one we had when we initially bought the house - and the payments should have gone down $50 a month. I also got our property tax reassessed from $4800 to $2400 in the beginning of the year. Somehow they double paid one of the insurance companies, and they said that I should get a refund from the tax assessor - and it was suppose to all magically work out. Meanwhile we had months where our payments were $300 - 400 higher than the original loan terms - they stated escrow acct. deficient, but it had plenty to cover the new tax amount. IT was like they were borrowing money from me, to lend to the tax collector, who then had to give the additional amount back to me. ANd all this while we are losing a lot of income do to the economy and using our savings to make the mortgage payments.

Anyway our original payment was $1985 - everything included. I finally got Chase to adjust it down from the $2300 range, but it is still higher than the original at $2084. The payments should have gone down around $250 a month by my calculations to $1735. I had kind of forgotten about this until I entered my numbers into the NVP calculator - and kept coming back with a monthly payment lower than original. There has been no real explanation for this, and I got so busy with the loan mod paperwork that I kind of just forgot & figured it would work itself out. Any ideas? I am thinking if I file this complaint - I am told they can not damage your credit rating until the case is closed - which might really benefit me during the loan mod. ANyway I thought I would put it out to you all and see if I can get some advice.

Thank you again!
 

death-to-chase

LoanSafe Member
Nov 25, 2009
13
0
0
Moe: I have told you the story of my woes with Chase. We were financed recently with home 123 which was dissolved and sold to Chase. I was so upset with Chase that I took the hit and refinanced the note. When we refinanced the note, chase claimed they had paid taxes, and insurance for my benefit. They withheld an additional 10k from the closing. In Feb of 2008, I sent the letter you are talking about. I requested the ledger statement, tax payments, insurance payments, and proof of payment to my local tax collector. I did receive statements, tax records that were not mine, a breakdown of what the said they paid on my behalf. Almost 2 years and I have yet to receive what I asked for.
No proof that they paid anything in my behalf. I do have a check from the county clerk for the Title company that did the loan closing. The check was for the current tax payment. The check was returned ACCOUNT CLOSED IMAGINE THAT.
 
W

whatsinaname

Guest
I sent my QWR before I saw this e-mail. I'm going to e-mail it to Mr Dimon and Lowman (assuming they are still working at Chase) as soon as I get my green confirmation card back.
And mine is on its way!

Honestly, we should encourage everyone who posts in this forum to do this straight away!
 
W

whatsinaname

Guest
I've been reading on other threads that people are not getting responses to their QWR's.

Does anyone know what the teeth in the law are if you don't get a response?

My twenty working days is up next week (I miscalculated before). If they don't respond, I want to be ready.

I do hope they respond, but if they don't I'm thinking I will:

1. Send another letter with the QWR attached.
2. Send the letter, QWR and a complaint to my State Attorney General (the banks are already on his radar)
3. Send the above to jamie dimon and david lowman

What else can a person do if the QWR isn't responded to?
I believe Moe stated they have 30 days to respond - or else! I just want to know the details about the "or else"!
 

jamin415

LoanSafe Member
Dec 27, 2008
41
0
0
Re: Moe - what do you do if they don't reply?

caldwellb02, did Chase ever respond to the QWR?
 

death-to-chase

LoanSafe Member
Nov 25, 2009
13
0
0
My Atty is in the process of filing a federal suit for respa violations also for truth in lending law violations. This will probably take 5 years to get a decision from the court but at least I am not just sitting dong nothing.
 

zander

LoanSafe Member
Nov 3, 2009
487
2
0
massachusetts
I know this is a long shot but this is what pops up if you do a search in new york for Jamie Dimon,spelled wrong intentionally? Seems like the right area of town???
<TABLE class=resultTable cellSpacing=0><TBODY><TR><TD class=bg_ml style="BACKGROUND-IMAGE: url(http://whitepages.anywho.com/images/grayBorder_bg.png)"></TD><TD class=bg_mm target="_blank" grayBorder_bg.png);? images whitepages.anywho.com http:>I dont have the balls to call but if someone does let us know what happens! <TABLE><TBODY><TR><TD>Jaime Dimon
1185 Park Ave
New York, NY 10128
(212) 423-0143</TD></TR></TBODY></TABLE></TD></TR></TBODY></TABLE>
I called this number, as you can imagine JD's secretary spoke to me like i had a nerve to be calling there, she immediately transfered me to Home exec office who took my info and said someone from the home exec team what ever that is would be in touch within 3-4 days. Still waiting. What a surprise!! lol
 

Miss Emma

LoanSafe Member
Dec 9, 2009
16
0
0
Exclusive 1000, Harca

I am understanding your late payment status is due to Chase prolonging the trial mod. This is my case. I am 6.5 mos late, starting with the Mod Jan.1. I was told to skip Dec.

I also received a notice to foreclose letter on Chase letterhead. No legal firm was mentioned in the letter. Also, the letter had at the bottom, a HUD brochsure and a certificate mail.enclosure. This letter was placed in my mail box. I do not consider this certified mail. Were either one of you required to sign acceptance of this letter?????????????

I was also told to put it in a drawer. I was dragged along with the same, "oh the high volumn" started making forebearance payment in May thru Nov. They Chase reps misguided me and placed me in foreclosre by the number of late payments.

I am ready to pull out. My trial payment starts on Jan.01, MHA. They strung me along. I really hope what comes around, goes around to all policy writers at Banks that have caused so much grief and unfair foreclosure pendings.

I think this could a case for Contract Law. In my state I am not able to record the phone calls without agreement. Almost everybody here, has the same story of misinformation. Toss the notices and hide them in a drawer (whatever that means.)

How does anyone trust anything we are told since the departments are unable to have consistent flow of information. We entered in good faith only to end up in default. My analyst (after 9 mos and a memo and calls to ERD I complained about no one on one contactJ told me like other employees that everything looks good. She has had "some" permanent mods. Most analysts have a work load about 150 mods.

I no longer blame myself for them stringing me along. According to my readings, I should have been disqualified on too much equity, although I met the other requirements. The govt is supposed to ask for a denial report now. Look at all the mishaps that have occured. I was told that I would be receiving a permanent mod, given figures and ended the conversation with the paper work going to quality.

I am meeting with someone now from Chase Walk-In. He cannot find the reason. I should tell him, don't worry. They will come up with another at the end of my trial mod, this coming Mar or April 2010. I received my notice to foreclose in between the perm mod and now the MHA trial mod. I now see where this is leading. They want my house. I am just a number.

There are many community banks that will be receiving new customers. How much can one take?
 

Miss Emma

LoanSafe Member
Dec 9, 2009
16
0
0
Zander,

I think you are another case like me. I was not in default when I applied back in Mar 09, told to be one month late in order to apply. I foohishly obliged. I was placed on forebearance from May to Nov, 1/2 of mtg pymts. Told to skip Dec. Starting the MHA trial in Jan. I was told each month, another and you'll be on the load mod, whatever, all the while I was being railroaded into default, foreclosure.

Thanks Chase. I can no longer believe them. I hope everyone has approvals now that the govt is reviewing the denials. In my case, I would have no time for any review, Chase set me up.
 

davephx

LoanSafe Member
Jul 21, 2009
5,435
47
48
It seems most all of the servicers move forward with the foreclosure notices once a few months late. Even when on trials are considered late since its the reduced not full payments.

Sadly the servicers are saying under HAMP they are only required to hold off on foreclosure SALES not the process which from my reading of the HAMP guidelines violates them by "proceeding" with foreclosure actions ... not just the sale.

But that is what we are struck with and the Trial Mod agreement that says can continue foreclosure with no notice at any time after denied all options. For many of us the process that they aren't stopping gets us to a sale date by the end of the trial and totally at their mercy not to sell if denied a modification.
 

caldwell02

LoanSafe Member
Jan 30, 2010
2,491
18
0
70
I just noticed another question about whether I received a response to my QWR. I will say that I will let you all know when I do. They have about two more weeks left on the timeline....
 

zander

LoanSafe Member
Nov 3, 2009
487
2
0
massachusetts
Zander,

I think you are another case like me. I was not in default when I applied back in Mar 09, told to be one month late in order to apply. I foohishly obliged. I was placed on forebearance from May to Nov, 1/2 of mtg pymts. Told to skip Dec. Starting the MHA trial in Jan. I was told each month, another and you'll be on the load mod, whatever, all the while I was being railroaded into default, foreclosure.

Thanks Chase. I can no longer believe them. I hope everyone has approvals now that the govt is reviewing the denials. In my case, I would have no time for any review, Chase set me up.
Actually Miss Emma i was behind when i began Trial Mod, maybe you were refering to someone else. But you are right I do believe they are trying to set us all up for failure, as the longer they drag these trials on the more money they make and the less chance we have to get out loans modified.
 

delco

LoanSafe Member
Oct 27, 2009
128
1
0
perhaps you could be of help
i applied in april for a modification due to personal hardship
after dealing with imment default since applying, i contacted david lowmans office and was assigned a member of the executive resolution group
just received a message that i was denied due to insufficient income
read something in this forumn that said if your are denied under the hamp program that you are not eligible for an in-house mod is this true?
i have been told on numerous times from the immenent default dept that if denied under hamp you are automatically considered for an in house
 

delco

LoanSafe Member
Oct 27, 2009
128
1
0
another question regarding insuficient income
difficult to understand how with great difficulty i have been able to cover a $4500 payment but have insuficient income to handle a $3100 payment
are the underwriting standards used under hamp also used by chase on an inhouse mod?
 

delco

LoanSafe Member
Oct 27, 2009
128
1
0
heard from my exrt contact that i was denied due to insuficient income and to call to discuss it further. her mailbox is full. eminent default cant discuss my file as i have been assigned to exrt. i cant reach or heard back from.exrt i need to be pro-active and make sure i am being considered for an inhouse mod
hard to understand how i dont qualify for a $3100 modified payment but am expected to make a $4600 payment. i have told emminent default since sept that i am only a few months away from being unable to continue with my payments. 90 days fast forward and am now 60 days past due
how do i begin this new process if one dept cant discuss it and cant reach exrt? after 9 months it is difficult to sit here and not be sure how to move forward any suggestions on how to proceed and with who?
 

caldwell02

LoanSafe Member
Jan 30, 2010
2,491
18
0
70
Well I started a new thread on this but I'll let you all know that Chase did respond - with an unsigned letter thanking me for my patience and understanding since they need 30 more working days to reply to my QWR.

So. Here we go.
 

karen1p

LoanSafe Member
Jan 23, 2010
7
0
0
I have filed my QWR. I also want to let other people know that the banks are claiming envelopes are empty when they get mailed items. So, to counteract that, I have additionally sent the same letter to local and federal agencies that regulate housing. And include these agencies on your letter in a "CC" format at the bottom of your letter. That way, you are putting them on notice that local and federal agencies are being alerted to their fraud.

I also wanted to ask the moderator....

I had heard that signing loan mods are actually a bad thing to do. In most cases, the reason the bank wants to get a signature, is that most of the original notes have been lost or destroyed. By them getting a signature on a loan mod, they are reinstating otherwise voidable contracts. Is this true?
 
W

whatsinaname

Guest
Chase sold my home from under my feet with no notice three months ago while in the middle of a loan modification. There's a six-month redemption period in my state.

Chase has NOT responded to the first QWR. Upon reading this thread, we should send out three requests for the QWR and wait the required period of weeks/months in between each. Well, that's fine but it is going to eat up my entire redemption period which is probably Chase's intention.

What else can we do?