Funny Response From Servicer

Royal Delta

LoanSafe Member
Sep 25, 2013
117
14
18
So I sent out my QWR to the servicer, and two weeks later get a letter stating that may have to contact ME for more information in order to answer my QWR.

I'm surprised they also didn't ask me to supply the rope that they can hang me with.
 
  • Like
Reactions: Survivor_IN

Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
Aug 10, 2007
26,851
467
1,000
49
Southern California
www.loansafe.org
Amazing...

I'm sure this call will be interesting.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,238
164
63
Mine has not done the exact same thing, but they have asked me on phone calls to provide them documentation so that they can investigate. They do not understand that as a third party debt collector, THEY are supposed to provide proof to ME, and not the other way around. My servicer has switched their responses from "we are providing these documents to you to prove the debt" without actually providing them, to telling me that they do not have them and I need to get them from the original creditor myself, to "we do not have to provide you any documents", to "if you would send us all the proof you have of these disputes, we will look into it"....

If I may ask, what did you include in your QWR?
 

Royal Delta

LoanSafe Member
Sep 25, 2013
117
14
18
It was just a standard QWR. They're required by law to show all accounting for the loan, and that they're the holder in due course.

I'm still amazed that they actually sent a letter to me stating that they will ask ME for help to prove they own the debt.
 

Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
Aug 10, 2007
26,851
467
1,000
49
Southern California
www.loansafe.org
Mine has not done the exact same thing, but they have asked me on phone calls to provide them documentation so that they can investigate. They do not understand that as a third party debt collector, THEY are supposed to provide proof to ME, and not the other way around. My servicer has switched their responses from "we are providing these documents to you to prove the debt" without actually providing them, to telling me that they do not have them and I need to get them from the original creditor myself, to "we do not have to provide you any documents", to "if you would send us all the proof you have of these disputes, we will look into it"....

If I may ask, what did you include in your QWR?
A QWR is a Qualified Written Request under the Real Estate and Settlement Procedures Act (RESPA). Section 6 of the Real Estate & Settlement Procedures Act (RESPA), a borrower can request that the lender document all claims for fees.

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.

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. -

- See more at: http://www.loansafe.org/qualified-written-request-2
 

NeedhelpinPA.

LoanSafe Member
Feb 14, 2013
280
42
28
A QWR is a Qualified Written Request under the Real Estate and Settlement Procedures Act (RESPA). Section 6 of the Real Estate & Settlement Procedures Act (RESPA), a borrower can request that the lender document all claims for fees.

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.

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. -

- See more at: http://www.loansafe.org/qualified-written-request-2
So I sent out my QWR to the servicer, and two weeks later get a letter stating that may have to contact ME for more information in order to answer my QWR.

I'm surprised they also didn't ask me to supply the rope that they can hang me with.
Yes Royal Delta.....I received the same letter today from my servicer which is OCWEN...They will contact ME for information regarding my QWR! OCWEN is a nightmare and there is a CLASS ACTION SUIT in the State of Pennsylvania against OCWEN! Should be interesting! I will keep you informed!
 

pennygram

working for consumers
Sep 29, 2010
583
88
28
Sorry Moe but to correct the QWR:

Once your servicer receives the request, it generally has (5) five business days to acknowledge your inquiry. For most types of errors and information requests, your servicer must respond within 30 business days. Your servicer must either:
  • provide you, in writing, the information or clarification you requested,
  • make the correction you request and notify you of the correction, or
  • conduct an investigation and let you know the results of the investigation, such as why the servicer cannot provide you with the information or whether the servicer identified an error in your account.
The response from your servicer must include the name and telephone number for the individual, office, or department of the servicer that can provide you with additional assistance if you have any questions.
 

Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
Aug 10, 2007
26,851
467
1,000
49
Southern California
www.loansafe.org
Sorry Moe but to correct the QWR:

Once your servicer receives the request, it generally has (5) five business days to acknowledge your inquiry. For most types of errors and information requests, your servicer must respond within 30 business days. Your servicer must either:
  • provide you, in writing, the information or clarification you requested,
  • make the correction you request and notify you of the correction, or
  • conduct an investigation and let you know the results of the investigation, such as why the servicer cannot provide you with the information or whether the servicer identified an error in your account.
The response from your servicer must include the name and telephone number for the individual, office, or department of the servicer that can provide you with additional assistance if you have any questions.
Hey pennygram,

Are you sure? I do not mind be wrong and I have been before, but per HUD's website; http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/rmra/res/respamor#ES

Loan servicing complaints

Section 6 provides borrowers with important consumer protections relating to the servicing of their loans. Under Section 6 of RESPA, borrowers who have a problem with the servicing of their loan (including escrow account questions), should contact their loan servicer in writing, outlining the nature of their complaint. The servicer must acknowledge the complaint in writing within 20 business days of receipt of the complaint. Within 60 business days the servicer must resolve the complaint by correcting the account or giving a statement of the reasons for its position. Until the complaint is resolved, borrowers should continue to make the servicer's required payment.

A borrower may bring a private law suit, 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. Borrowers may obtain actual damages, as well as additional damages if there is a pattern of noncompliance.​
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,238
164
63
Moe,

The Dodd-Frank Act changed the timelines for responding to a QWR. Servicers now have 5 days from receipt of a QWR to notify you in writing that they received it, and 30 days from receipt to either send written response to resolve the disputes, or to inform you that they need an additional 15 days to respond. But Dodd-Frank changed several other parts of RESPA too.

--CFPB now has regulatory authority over RESPA--it used to be HUD.
--Force-placed insurance now has a more defined guideline, where the servicer must take certain measures before applying force-placed insurance to any loan.
--Servicers can no longer charge a consumer for a QWR response.
--Penalties under RESPA, especially for patterns of non-compliance with regard to QWR guidelines, are increased from $1000 to $2000.

Here's more detail:
http://www.respanews.com/rn/doddfrankamendments.aspx
 

pennygram

working for consumers
Sep 29, 2010
583
88
28

Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
Aug 10, 2007
26,851
467
1,000
49
Southern California
www.loansafe.org
Thanks kraftykrab and pennygram! Yes, I was aware the CFPB is now in charge, but not the new 5 day rule.

I appreciate the heads up!
 

Survivor_IN

LoanSafe Member
Jun 2, 2008
285
24
18
Yep, what she said. I honestly thought it was due to new servicing rules - to be adopted in full no later than Jan 2014 - implemented as part of settlement. I did see a few things in Frank-Dodd Act but that's a VERY large read.

Regarding, unanswered QW requests, now you can document how it's handled - for use in future legal proceedings. Bring the dirt to the judge baby ;) Re-request it in the form of "discovery" and state your attempt at obtaining information prior to legal action... was ignored, incomplete, or frivolously handled. Include PSA agreements and any contracts between players. I personally believe it is best to collect dirt before you throw mud on the case ... and request dismissal... PLUS see all the research on including legal points and proof in your case. Good stuff here!