Fight Chase Bank with a Qualified Written Request

karen1p

LoanSafe Member
Jan 23, 2010
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Whatsinaname:
I think you are way beyond the need for a QWR. You need to start a lawsuit. They have wrongfully foreclosed. They did not have standing and you probably signed your name to a predatory loan. You need to read up, go to livinglies dot wordpress dot com to see if there is any help in your state with attorneys who get this fraud thing. Not many do, or they are not willing to fight the banksters.

Good luck, I think we all need it.
 
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whatsinaname

Guest
I am in the middle of a lawsuit. The start of it was my attorney's suggestion to get a QWR sent out.
 

karen1p

LoanSafe Member
Jan 23, 2010
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Huh, I am using the QWR to show that Chase will not respond and that will be the start of my lawsuit. Violations will stack up against Chase because they can't possibly respond to all the questions and the requests for paperwork. Perhaps that is what your lawyer is doing. Your attorney is probably showing that Chase will not respond and therefore, you will have more validity in court. But, he should be able to get all the documents requested in discovery, that you don't obtain with the QWR. Hang in there!!!
 
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whatsinaname

Guest
I just hope he is a good attorney! He was recommended, but that doesn't mean he's good. He better be!
 

dnathan

LoanSafe Member
Apr 29, 2009
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Are most of you all doing this for the purpose of
1. Actually getting a mod
2. Delaying foreclosure to save money
3. Receiving damages

I could see it accomplishing any or all. It seems that Chase sees mods as a grant request, and they are the benevolent giver. It's a helpless position with a low ROI (return on investment). In AZ and CA a short sale wouldn't work because of taxes (Who can depend on Chase for a promissary note?) So foreclosure is the only option without a mod.

Is your thinking that they will want to mod to avoid being sued? I guess they don't respond well to us being needy. My hardship letter was gut-wrenching and painful to write.
 

karen1p

LoanSafe Member
Jan 23, 2010
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DNathan:
You'd better decide to fight and know that you will win on the fraud that was rampant.

Karen P
 

kmdane

LoanSafe Member
Feb 2, 2010
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Seven payments to CHASE - and told no modification on the 1st - received a call from Chase on the second - no mod because we had to meet the criteria of 44% and we came to 43.8%. OK - When the first trial started - it was under WAMU. I signed a contract that specifically states that there would be no foreclosure proceedings during this period IF we paid all monies on time.(trial payment) - PAID ALL ON TIME INCLUDING AN EXTRA TO SHOW GOOD FAITH.However, we continued to receive foreclosure notices. Were told just to not pay attention. Well, I have them all and they clearly state NO FORECLOSURE PROCEEDINGS. Also, it clearly states that we owed them no money to start the trial. By the way, it appears that Chase can not find this contract. A women who called me last week on the second said she did not see where the 1st was denied. Supposedly it was on the 21st of January - yet when I called to make February trial payment - the clerk looked it up then said you are paying the $525.00 - I said yes and asked for any updates - she said there were none. Now, we received a letter asking for $12,299.00 for all past due. Went to an attorney - she (not real bright) said that we had everything very well documented and probably could fight it. Not comfortable with her since we did all the work. However - did get 15 FAXES out last week disputing the amount - and two FEDEX - all to the same address at Chase. This week I am bombarding the Senator Dodd's office, Senator Boxer, CHASE Executive Offices in New York - any other suggestions? I am sick over this in this whole rotten process I lost my brother in law and my mom - just about at my wits end. I should mention that my husband is a State worker here in California and has been furloughed three days - which amounts to $900.00 from his paycheck. The attorney did mention that maybe we are in an area that an investor would want a house. I do not think so. Any suggestions - besides TV stations that have run reports on how the modifications are not working - what I should do next? Where in the hell do these banks get such stupid people?
Thanks - and good luck to everyone -
 

caldwell02

LoanSafe Member
Jan 30, 2010
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If Chase's QWR response does not come tomorrow, they are late, even after I gave them a 30 day extension.

I am drafting my response now, Although I hope I do not have to use it.
 

karen1p

LoanSafe Member
Jan 23, 2010
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The loan mod isn't coming because they can't loan modify.They would have to buy back your loan, and they can't/won't. You all need to think about suing for fraud, lack of standing, etc. The loan mod will be denied and then you are headed for foreclosure. Beat them to the punch.

BTW, did you hear there is a new lawsuit in CA that the mortgage holders are suing the federal government for not upholding their constitutional rights? And making the loan mod available? Interesting....this continues to morph.
 

caldwell02

LoanSafe Member
Jan 30, 2010
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Karen - no I haven't heard of that lawsuit. could you give me a little more info. I'm in CA.
 

kmdane

LoanSafe Member
Feb 2, 2010
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In California - check out Senate Bill X838 - co-authored by Senator Steinberg - mortgage lenders supposedly are not happy with this - I will be reading up on this later and probably will incorporate this in my letter going out FEDEX to these(CHASE) crooks- I believe this was introduced last month - end of the month as an emergency bill due to foreclosures
 

karen1p

LoanSafe Member
Jan 23, 2010
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The borrowers were twice denied loan modification by National City although it was undisputed that they qualified for a loan modification under HAMP. They have now sued U.S. Treasurey Secretary Timothy Geithner and others claiming violations of Fifth Amendment Due Process rights, asserting that the Government required private lenders who received Federal funds to administer HAMP on the Government’s behalf, but that the Government did not create rules requiring these lenders to do so in order to afford borrowers due process of law. The Defendants’ Motion to Dismiss has been denied by the Judge of the U.S. District Court for the Central District of California presiding over the case, which is Huxtable et al. v. Geithner et al.
 

davephx

LoanSafe Member
Jul 21, 2009
5,435
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Yes the motion to dismiss was denied a month or so ago, I reported it at the time. But it may be years before it gets heard and as far as I can tell no TSO to stop any foreclosure sales.

A somewhat similar suit in MN was tossed by the Court last summer due to no standing, no Constitutional due process issues, no right to a mod.
 

thrasher949

LoanSafe Member
Feb 18, 2009
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I sent my RESPA letter to freddie mac and Chase..... no responce from Chase... however FEDDIE MAC emailed me back 35 days later....

email said that they have contacted CHASE via email to determined how they calculated my DTI. They said CHASE should contact me again within 2 weeks, if not to email Freddie again......
 

thrasher949

LoanSafe Member
Feb 18, 2009
29
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I sent my RESPA letter to freddie mac and Chase..... no responce from Chase... however FEDDIE MAC emailed me back 35 days later....

email said that they have contacted CHASE via email to determined how they calculated my DTI. They said CHASE should contact me again within 2 weeks, if not to email Freddie again......
By the way under the 10-01 HAMP directives dated Jan 28, 2010 the servicer must send you a trial payment notice or a notice stating you are not eligible with 30 calender days of required documents being received. As you know 30 days is up.... so if you applied before and they havent even told you if your eligible they are violating the guidelines. Use that in your RESPA letter, I just sent #2 today
 

skylarkyang

LoanSafe Member
Feb 6, 2010
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Has anyone got respond from their QWR yet? I am just wondering about it becuase Chase gave me a perm mod but they added $46,000 to my principle without any explaination.
 

shazloco

LoanSafe Member
Jan 1, 2010
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I made a qualified written request to Flagstar bank requesting the name and contact info of the investor of our loan. Flagstar was insisting they could not modify our loan because the investors were not wanting to modify. I received a reply from FSB legal dept, informing me that Flagstar is the owner/investor of my loan. I go back to Loss Mit. and inform them of my new information and they disagree, according to them it is a securitized investor owned loan and the legal dept. is wrong. I followed up with a email to legal and again they said flagstar owns the loan. Who would be more likely to be telling the truth? The latest is I was offered a mod ,but it is a 7 year balloon which is not very good ,they said they were buying the loan back from the investors and this was the best they could offer me on this type of loan? Any suggestions on how I should proceed in finding out exactly who owns our loan.
 

skylarkyang

LoanSafe Member
Feb 6, 2010
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By the way under the 10-01 HAMP directives dated Jan 28, 2010 the servicer must send you a trial payment notice or a notice stating you are not eligible with 30 calender days of required documents being received. As you know 30 days is up.... so if you applied before and they havent even told you if your eligible they are violating the guidelines. Use that in your RESPA letter, I just sent #2 today

How did you emai lto Freddic Mac? Did you do it online? So, I guess it is a good idea to send in your QWR to the lender and Freddic Mac, right? Thanks!
 

kmdane

LoanSafe Member
Feb 2, 2010
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Does this sound like a good QWR - since trial hell - August 09 - never received a statement - WAMU signed trial paper states very clearly - no foreclosure proceedings during trial - but would commence if not paid - sent foreclosure document asking us for $12,449 -says late fees and other charges - WHAT????Over 1 month ago we mailed two certified letters asking for detail of charges - of course never heard back - Where are you sending your QWR?
Thanks everyone - we all need to fight
 

shazloco

LoanSafe Member
Jan 1, 2010
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I sent my QWR to Flagstar customer service, using the mailing address from my mortgage statement - A Loan Mod. attorney had told me to use that address. I received a answer back within 2 weeks on letterhead from the Flagstar legal dept. Loss Mit. dept. does not agree with what they told me. Now I'm not sure who to take it up with regarding the different answers from different depts.