The Mother of all QWRs-Guaranteed to Make 'Em Squirm and Sweat Buckets!

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ManicMangaManiac

LoanSafe Member
Jan 10, 2008
604
5
0
Hi all!

I recently splurged on a book, "Mortgage Wars" by Iris Martin which has a LOT of great info on how to fight back and save your home from foreclosure, with accompanying legal case studies. It is very empowering and enlightening and I recommend this book to anyone who wants to beat the big bad wolves on Wall Street at their game and save their homes. Ms. Martin included a qualified written request in the book that anyone can use and it is VERY detailed, probing and, I would say, guaranteed to make your lender squirm and sweat buckets -- a good thirteen pages long (THIRTEEN. YEAH we borrowers are the harbingers of YOUR bad luck, you Wall Street scumbags!). I really got quite a workout on the computer copying the whole shebang from the book, but here it is for all of you to copy and paste into your word processing programs, then print out and drop into the good ol' mailbox:

<<


(Date)

(Your lender/mortgage servicer's name)
(Street address)
(City/State/Zip)


This letter is a "QUALIFIED WRITTEN REQUEST" in compliance with and under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e).

Reference: Account #_____________. Hereinafter the subject loan and is the reference for all questions and requests described below.

To Whom It May Concern:

I am writing about the accounting and servicing of this mortgage and clarification of various sale, transfer, funding source, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its origination to the present date.

I hereby demand absolute firsthand evidence from you of the original uncertified or certified security regarding the above referenced account. In the event you do not supply me with the very security, it will be a positive confirmation on your part that you never really created or owned one.

I also hereby demand that a chain of transfer from you to wherever the security is now be promptly sent as well. Absent the actual evidence of the security, I have no choice but to dispute the validity of your lawful ownership, funding, entitlement right and the current debt.

By debt, I am referring to the principal balance; the calculated monthly payment; calculated escrow payment and any fees claimed to be owed by you or any trust or entity you may service or sub-service for.

To independently validate this debt, I will need to conduct a complete review and accounting of this mortgage from its inception through the present date. Upon receipt of this letter, refrain from reporting any negative credit information (if any) to any credit reporting agency until you respond to each of the requests. To do so would be in violation of the Fair Credit Reporting Act.

I also request that you conduct your own investigation and audit of this account since its inception to validate the debt you currently claim is owed. I would like you to validate the debt so that it is accurate to the penny.

Do not rely on previous servicing companies or originator's records, assurances or indemnity agreements. Instead, I demand that you conduct a full audit and investigation of this account.

In examining the loan documents, I suspect that you may have engaged in predatory lending practices including:

•Inflating the appraisal of this property
•Increasing the amounts of monthly payments;
•Increasing the principal balance owed;
•Increasing escrow payments;
•Increasing the amounts applied and attributed toward interest on this account;
•Decreasing the proper amounts applied and attributed toward the principal on this account; assessed, charged and/or collected fees, expenses and miscellaneous charges I am not legally obligated to pay under the mortgage, note and/or deed of trust.

I request that you prove that I have not been the victim of such predatory lending and servicing practices.

Since this is a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 section 2605(e) of the United States Code as well as a request under the Truth in Lending Act 15 U.S.C. section 1601, there are substantial penalties and fines for non-compliance, or failure to answer my questions within 20 business days of its receipt, and 60 business days to resolve my concerns.

In order to conduct the examination of this loan, I need to have full and immediate disclosure including copies of all pertinent information. Please provide me with factual and detailed answers to the following questions:

1. Was this loan originated in lawful compliance with all federal and state laws, regulations including, but not limited to, Title 62 of the Revised Statutes, RESPA, TILA, Fair Debt Collection Practices Act, HOEPA and other laws?

2. Was the origination and/or any sale or transfer of this account or monetary instrument conducted in accordance with proper laws and was it a lawful sale with complete disclosure to all parties with an interest?

3. Please disclose whether the claimed holder in due course of the monetary instrument/deed of trust/asset is in compliance with statutes, state and federal laws and who is entitled to the benefits of payments.

4. Were all transfers, sales, Power of Attorney, monetary instrument ownership, entitlements, full disclosure of actual funding source, terms, costs, commissions, rebates, kickbacks, fees properly disclosed; including but not limited to the period commencing with the original loan solicitation until now and including any parties, instruments, assignments, letters of transmittal, certificates of asset-backed securities and any subsequent transfer thereof?

5. Has each servicer and sub-servicers of this mortgage serviced this mortgage in accordance with statutes, laws and the terms of mortgage, monetary instrument/deed of trust, including but not limited to all accounting or bookkeeping entries, commencing with the original loan solicitation until now and including any parties, instruments, assignments, letters of transmittal, certificates of asset-backed securities and any subsequent transfer thereof?

6. Has this mortgage account been credited, debited, adjusted, amortized and charged correctly, commencing with the original loan solicitation until now and including any parties, instruments, assignments, letters of transmittal, certificates of asset-backed securities and any subsequent transfer thereof?

7. Has interest and principal been properly calculated and applied to this loan?

8. Has any principal balance been properly calculated, amortized and accounted for?

9. Have charges, fees or expenses, not obligated in any written agreement, been charged, assessed or collected from this account or any other related account arising out of the subject loan transaction?

10. I also need answers, in writing, to various servicing questions. For each record kept on computer or in any other electronic file or format, please provide a paper copy of all information in each field or record from each computer system, program or database used by you that contains any information on this account.

As such, please send to me, at the address below, copies of the documents requested below as soon as possible. Please also provide copies, front and back, of the following documents regarding this loan:

1. Any certificated or un-certificated security used for the funding of this account;

2. Any and all "Pooling Agreement(s)" or "Servicing Agreements" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any government sponsored entity, hereinafter GSE or other party;

3. Any and all "Deposit Agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

4. Any and all "Servicing Agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

5. Any and all "Custodial Agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

6. Any and all "Master Purchasing Agreement(s)" between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

7. Any and all "Issuer Agreement(s)" between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

8. Any and all "Commitment to Guarantee" agreement(s) between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

9. Any and all "Release of Document" agreement(s) between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

10. Any and all "Master Agreement for Servicer's Principal and Interest Custodial Account" between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

11. Any and all Servicer's Escrow Custodial Account" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

12. Any and all "Release of Interest" agreement(s) between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

13. Any Trustee agreement(s) between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and trustee(s) regarding this account or pool accounts with any GSE or other party;

Please also send me copies, front and back, of:
1. Any documentation evidencing any trust relationship regarding the Mortgage/Deed of Trust and any Note in this matter;
2. Any and all document(s) establishing any Trustee of record for the Mortgage/Deed of Trust and any Note;
3. Any and all document(s) establishing the date of any appointment of Trustee for this Mortgage or Deed of Trust and any Note, including any and all assignments or transfers or nominees of any substitute trustee(s);
4. Any and all document(s) establishing any Grantor for this Mortgage or Deed of Trust and any Note;
5. Any and all document(s) establishing any Grantee for this Mortgage or Deed of Trust and any Note;
6. Any and all document(s) establishing any Beneficiary for this Mortgage or Deed of Trust and any Note;
7. Any documentation evidencing the Mortgage or Deed of Trust is not a constructive trust or any other form of trust;
8. All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to Alltel or Fidelity CPI system, or any other similar mortgage servicing software used by you, any servicers, or sub-servicers of this mortgage account, from the inception of this account to the date written above.
9. All descriptions and legends of Codes used in your mortgage servicing and accounting system so the examiners, auditors and experts retained to audit and review this mortgage account may properly conduct their work.
10.All assignments, transfers or other documents evidencing a transfer, sale, or assignment of this mortgage, deed of trust, monetary instrument or other document that secures payment to this obligation in this account from the inception of this account to the present date, including any such assignment on MERS.
11. All records, electronic or otherwise, of assignments of this mortgage, monetary instrument or servicing rights to this mortgage including any such assignments on MERS.
12. All deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from the inception of this account to the present date.
13. The front and back of each and every canceled check, money order, draft, debit or credit notice issued to any servicers of this account for payment of any monthly payment, other payment, escrow charge, fee or expense on this account.
14. All escrow analyses conducted on this account from the inception of this account until the date of this letter.
15. The front and back of each and every canceled check, draft or debit notice issued for payment of closing costs, fees and expenses listed on any and all disclosure statements including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees and points.
16. Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others on this account.
17. All letters, statements and documents sent by your company.
18. All letters, statements and documents sent by agents, attorneys or representatives of your company.
19. All letters, statements and documents sent by previous servicers, sub-servicers, or others in your account file or in your control or in the control or possession of any affiliate, parent company, agent, sub-servicers, servicers, attorney or other representative of your company.
20. All letters, statements and documents contained in this account file or imaged by you, any servicers or sub-servicers of this mortgage from the inception of this account to the present date.
21. All electronic transfers, assignments and sales of the note, asset, mortgage, deed of trust or other security instrument.
22. All copies of property inspection reports, appraisals and reports done on the property.
23. All invoices for each charge such as inspection fees, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this mortgage account from the inception of this account to the present date.
24. All checks used to pay invoices for each charge such as inspection fees, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this account from the inception of this account to the present date.
25. All agreements, contracts and understandings with vendors that have been paid for any charge on this account from the inception of this account to the present date.
26. All account servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, payment records, transaction histories, account histories, accounting records, ledgers and documents that relate to the accounting of this account from the inception of this account to the present date.
27. All account servicing transaction records, ledgers and registers detailing how this account has been serviced from the inception of this account to the present date.

With Regard to Account Accounting and Servicing Systems:
1. Please identify each accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date so that experts can decipher the data provided.

2. For each accounting and servicing system identified by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the name and address of the company that designed and sold the system.

3. For each accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the complete transaction code list for each system.

With Regard to Debits and Credits:
1. Please detail each and every credit on this account from the date such credit was posted to this account as well as the date any credit was received.
2. Please detail each and every debit on this account from the date such debit was posted to this account as well as the date any debit was received.
3. For each debit and credit listed, please provide me with the definition for each corresponding transaction code utilized.
4. For each transaction code, please provide the master transaction code list used by you or previous servicers.

With Regard to Mortgage and Assignments:
1. Has each sale, transfer or assignment of this mortgage, monetary instrument, deed of trust or any other instrument executed to secure this debt been recorded in the county property records in the county and state in which the property is located from the inception of this account to the present date? Please respond either, Yes or No?
2. If so, why not?
3. Is your company the servicer of this mortgage account or the holder in due course and beneficial owner of this mortgage, monetary instrument and/or deed of trust?
4. Have any sales, transfers or assignments of this mortgage, monetary instrument, deed of trust or any other instrument executed to secure this debt been recorded in any electronic fashion such as MERS or other internal or external recording system from the inception of this account to the present date? Yes or No?
5. If yes, please detail the names of the seller, purchaser, assignor, assignee or any holder in due course to any right or obligation of any note, mortgage, deed of trust or security instrument executed securing the obligation on this account that was not recorded in the county records where the property is located, whether they be mortgage servicing rights or the beneficial interest in the principal and interest payments.

With Regard to Attorney Fees:
In answering the questions below, assume attorney fees and legal fees to be one and the same.
1. Have attorney fees ever been assessed to this account from the inception of this account to the present date? Yes or No?
2. If yes, please detail each separate assessment, charge and collection of attorney fees to this account from the inception of this account to the present date and the date of such assessments to this account.
3. Have attorney fees ever been charged to this account from the inception of this account to the present date? Yes or No?
4. If yes, please detail each attorney fee to this account from the inception of this account to the present date and the date of such assessments to this account.
5. Please provide the name and address of each attorney or law firm that has been paid any fees or expenses related to this account from the inception of this account to the present date.
6. Please identify in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or collection of attorney fees.
7. Please detail in writing each attorney fee assessed from this account and for what corresponding payment period or month such fee was assessed from the inception of this account to the present date.
8. Please detail in writing any adjustments in attorney fees collected and on what date such adjustment was made and the reason for such adjustment.
9. Has interest been charged on any attorney fees assessed or charged to this account? Yes or No?
10. Is interest allowed to be assessed or charged on attorney fees charged or assessed to this account? Yes or No?
11. Please send me copies of all invoices and detailed billing statements from any law firm or attorney that has billed such fees that have been assessed or collected from this account from the inception to the present date.

With Regard to Suspense/Unapplied Accounts:
In answering these questions, treat the term suspense account and unapplied account as one and the same.
1. Has there been any suspense or unapplied transactions on this account from the inception of this account to the present date? Yes or No?
2. Please detail each and every suspense or unapplied transaction, including debits and credits, that have occurred on this account from the inception of this account to the present date.

With Regard to Late Fees:
Please consider the terms late fees and late charges to be one and the same.
1. Have you reported the collection of late fees on this account as interest in any statement to the IRS? Yes or No?
2. Have any previous servicers or sub-servicers of this mortgage reported the collection of late fees on this account as interest in any statement to the IRS? Yes or No?
3. Do you consider the payment of late fees as liquidated damages to you for not receiving payment on time? Yes or No?
4. Are late fees considered interest? Yes or No?
5. Please detail what expenses and damages you incurred for any payments made that were late.
6. Were any of these expenses or damages charged or assessed to this account in any other way? Yes or No?
7. If yes, please describe what expenses or damages were charged or assessed to this account.
8. Please describe what expenses you or others undertook due to any payments made that were late.
9. Please describe what damages you or others undertook due to any payments made that were late.
10. Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment or collection of late fees.
11. Please detail each late fee assessed to this account and for which corresponding payment period or month such late fee was assessed from the inception of this account to the present date.
12. Please detail any adjustments in late fees assessed and on what date such adjustments were made and the reason for such adjustments.
13. Has interest been charged on any late fee assessed or charged to this account? Yes or No?
14. Is interest allowed to be assessed or charged on late fees to this account? Yes or No?
15. Have any late charges been assessed to this account? Yes or No?
16. If yes, how much in total late charges have been assessed to this account from the inception of this account to the present date?
17. Please provide the payment dates you or other previous servicers or sub-servicers of this account claim I have been late with a payment from the inception of this account to the present date.

With Regard to Property Inspections:
Consider property inspection and inspection fee terms that apply to any inspection of property by any source and any related fee or expense charged, assessed or collected for such inspection.
1. Have the property inspections been conducted from the inception of this account to the present date? Yes or No?
2. If yes, please tell me the date of each property inspection conducted on subject property that is the secured interest for this mortgage, deed of trust or note.
3. Please tell me the price charged for each property inspection.
4. Please tell me the date of each property inspection.
5. Please tell me the name and address of each company and person who conducted each property inspection on this property.
6. Please tell me why property inspections were conducted on subject property.
7. Please tell me how property inspections are beneficial.
8. Please tell me how property inspections are protective of subject property.
9. Please explain your policy on property inspections.
10. Do you consider the payment of inspection fees as a cost of collection? Yes or No?
11. If yes, why?
12. Do you use your property inspections to collect debts? Yes or No?
13. Have you used any portion of the property inspection process on subject property to collect a debt, payment or obligation? Yes or No?
14. If yes, please answer when and why?
15. Please identify in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment or collection of property inspection fees.
16. Have you labeled in any record or document sent to me a property inspection as a miscellaneous advance? Yes or No?
17. If yes, why?
18. Have you labeled in any record or document sent to me a property inspection as a legal fee or attorney fee? Yes or No?
19. If yes, why?
20. Please detail each inspection fee assessed to this account and for which corresponding payment period or month such fee was assessed from the inception of this account to the present date.
21. Please detail any adjustments in inspection fees assessed and on what date such adjustment was made and the reasons for such adjustment.
22. Has interest been charged on any inspection fees assessed or charged to this account? Yes or No?
23. If yes, when and how much was charged?
24. Is interest allowed to be charged on inspection fees charged or assessed to this account? Yes or No?
25. How much in inspection fees have been assessed to this account from the inception of this account to the present date?
26. Please forward copies of all property inspections made on subject property in this mortgage account file.
27. Has any fee assessed or charged for property inspections been placed into an escrow account? Yes or No?

With Regard to Broker Price Opinions (BPO) Fees:
1. Have any Broker Price Opinions been conducted on subject property? Yes or No?
2. If yes, please tell me the date of each BPO conducted on subject property that is the secured interest for this mortgage, deed of trust or note.
3. Please tell me the price of each BPO.
4. Please tell me who conducted the BPO.
5. Please tell me why BPOs were conducted on subject property.
6. Please tell me how BPOs are beneficial.
7. Please tell me how BPOs are protective of subject property.
8. Please explain your policy on BPOs.
9. Have any BPO fees been assessed to this account? Yes or No?
10. If yes, how much in total BPO fees have been charged to this account?
11. Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or collection of a BPO fee.
12. Please send me copies of all BPO reports that have been done on subject property.
13. Has any fee charged or assessed for a BPO been placed into an escrow account? Yes or No?

With Regard to Force-Placed Insurance:
1. Have you placed or ordered any force-placed insurance policies on subject property?
2. If yes, please tell me the date of each policy ordered or placed on subject property that is the secured interest for this mortgage, deed of trust or note.
3. Please tell me the price of each policy.
4. Please tell me the agent for each policy.
5. Please tell me why each policy was placed on subject property.
6. Please tell me how the policies are beneficial.
7. Please tell me how the policies are protective of subject property.
8. Please explain your policy on force-placed insurance.
9. Have any force-placed insurance fees been assessed to this account? Yes or No?
10. If yes, how much in total force-placed insurance fees have been assessed to this account?
11. Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or collection of force-placed insurance fees.
12. Do you have any relationship with the agent or agency that placed any policies on this property? If yes, please describe.
13. Do you have any relationship with the carrier that issued any policies on subject property? If yes, please describe.
14. Has the agency or carrier you used to place a force-placed insurance policy on subject property provided you any service, computer system, discount on policies, commissions, rebates or any form of consideration? If yes, please describe.
15. Do you maintain a blanket insurance policy to protect your properties when customer policies have expired? Yes or No?
16. Please send me copies of all force-placed insurance policies that have been ordered on subject property from the inception of this account to the present date.

With Regard to Servicing:
1. Did the originator or previous servicers of this account have any financing agreements or contracts with your company or an affiliate of your company?
2. Did the originator or previous servicers of this account receive any compensation, fee, commission, payment, rebate or other financial consideration from your company or affiliate of your company for handling, processing, originating, or administering this loan? If yes, please itemize each form of compensation, fee, commission, payment, rebate or other financial consideration paid to the originator of this account by your company or any affiliate.
3. Please identify where the originals of this entire account file are currently located and how they are being stored, kept and protected.
4. Where is the original deed of trust or mortgage and note I signed located? Please describe its physical location and anyone holding this note as a custodian or trustee if applicable.
5. Since the inception of this account, has there been any assignment of this monetary instrument/asset to any other party? If the answer is yes, identify the names and addresses of each and every individual, party, bank, trust or entity that has received such assignments.
6. Since the inception of this account, has there been any sale or assignment of the servicing rights to any other party? If the answer is yes, identify the names and addresses of each individual, party, bank, trust or entity that has received such assignments or sale.
7. Since the inception of this account, have any sub-servicers serviced any portion of this mortgage account? If the answer is yes, identify the names and addresses of each individual, party, bank, trust or entity that has sub-serviced this mortgage account.
8. Has the mortgage account been made a part of any mortgage pool since the inception of this loan? If yes, please identify each account mortgage pool that this mortgage has been a part of from the inception of this account to the present date.
9. Has each assignment of this asset/monetary instrument been recorded in the county land records where the property associated with this mortgage account is located?
10. Has there been any electronic assignment of this mortgage with MERS (Mortgage Electronic Registration System) or any other computer mortgage registry service or computer program? If yes, identify the name and address of each individual, entity, party, bank, trust or organization or servicers that have been assigned mortgage servicing rights for this account as well as the beneficial interest to the payments of principal and interest on this loan.
11. Have there been any investors (as defined by your industry) who have participated in any mortgage-backed security, collateral mortgage obligation or other mortgage security instrument that this mortgage account has ever been a part of from the inception of this account to the present date? If yes, identify the name and address of every individual, entity, organization and/or trust.
12. Please identify the parties and their addresses to all sales contracts, servicing agreements, assignments, alonges, transfers, indemnification agreements, recourse agreements, and any agreement related to this account from the inception of this account to the present date.
13. How much were you paid for this individual mortgage? What premium was paid?
14. If part of a mortgage pool, what was the principal balance used by you to determine payment for this individual mortgage loan?
15. Who did you issue a check or payment to for this mortgage loan?
16. Please provide me with copies of the front and back of the canceled check.
17. Would any investor have to approve the foreclosure of subject property? Yes or No?
18. Has HUD assigned or transferred foreclosure rights to you as required by 12 USC 3754?
19. Please identify all persons who would have to approve foreclosure of subject property.

Please provide me with the documents I have requested and a detailed answer to each of my questions within the lawful time frame. Upon receipt of the documents and answers, an examination will be conducted that may lead to a further document request and answers to questions under an additional RESPA Qualified Written Request letter.

Copies of this Qualified Written Request, Validation of Debt, TILA and request for accounting and legal records, Dispute of Debt letter are being sent to FTC, HUD, Office of Thrift Supervision, relevant state and federal regulators, other consumer advocates, State Congressman, State Senator, and Attorney General. Please note that default provisions exist under this QUALIFIED WRITTEN REQUEST.

(Borrower's Name)

(Borrower's Street Address)
(Borrower's City/State/Zip)

>>

How's them apples?? Boy, can you just see the look on their faces when they open that and read the whole thing, with their palms becoming sweaty and their breathing coming in short, pained gasps and maybe thinking, "I'm getting sick now.... I think I'll call in sick for the next few days!"

Wooooo hoo. Talk about royally sticking it to them. I just got my QWR printed out this morning and put out for the mailman :D I'm wondering if I should send a copy to Wells Fargo Bank in care of their attorneys (they're the trustee on my mortgage with Option One/AHMSI) as well. This really feels GRRREAT and I hope that you will too in sending out this yourself. Have a fantastic weekend!

Hugs,
Sally
 

Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
Aug 10, 2007
26,854
467
1,000
49
Southern California
www.loansafe.org
#20. Please prove the identity of the person through DNA

LOL..Yeah, this is da MOTHER!
 

caldwell02

LoanSafe Member
Jan 30, 2010
2,491
18
0
70
Wow. And I might add: Any and all documents reflecting your contract with NACA and how and why this contract impedes your staff, including your Executive team, from discussing this account with me since I am also working with NACA.
 

Catherine

LoanSafe Member
Dec 20, 2008
0
2
0
Paso Robles, California
WOW, Sally this is GREAT. I am going to print this up over the weekend for the mailbox come Monday. Since my lender/loan servicer did a piss poor reply to my OWR I sure hope this yanks their chain. My loan servicer said contact the lender. The lender said contact the loan servicer. Thank you ever so much for sharing this. Catherine
 

Wizard

LoanSafe Member
Jul 31, 2009
69
0
0
WOW11111111
THIS OUGHT TO GIVE ANY BANK, CEO, TRUSTEE, ETC........
AN EXCEDRIN HEADACHE for days if not weeks!!!!

Research and format well DONE!!!!!!!!!!!


WIZARD
 

faith

LoanSafe Member
Feb 1, 2008
973
9
0
California
Beware of “QWRâ€s
The increasing burdens of “Qualified Written Requests†under RESPA put mortgage servicers in a troublesome place. But there’s more law on their side than meets the eye. It must be considered as servicers distinguish legitimate issues from harassment and abuse of the law

The past several months have seen mortgage lenders and servicers come under an unusual form of legal assault—one bearing the name of “QWRâ€, or in its unabbreviated form, the “qualified written request.â€
QWRs have emerged as a troublesome legal and regulatory issue for banks, involving a somewhat obscure legal provision that is not widely understood by compliance professionals, nor much written about in compliance or legal journals.Though obscure, they will get your attention if your institution begins receiving them.

How a QWR attack begins
In a typical—and growing—scenario, a bank will receive a letter from a mortgage borrower, or from an attorney or other agent purporting to act on behalf of that borrower. The letter will generally demand that the lender provide the inquirer with a wide-ranging amount of information concerning the borrower’s loan and the transaction in general.
The communication may assert that there is a defect or mistake in the borrower’s account, and then demand that immediate action be taken to correct that mistake.

The letters often assert the existence of predatory lending and/or fraudulent activities that have hurt or negatively affected the borrower. The letters may make detailed demands for enormous amounts of information relating to all aspects of the loan’s origination and processing.At other times, the letters may be simpler, asserting only slight oversights in the borrower’s escrow account calculation.

In all cases, the letters are marked as “Qualified Written Request†under Section 6 of RESPA. Whereas mere customer inquiries or complaints are not generally worrisome in the regulatory sense, the “QWR†label stirs legal consequences that servicers and lenders cannot ignore.
Bankers need to be prepared to properly handle this type of correspondence, and be able to distinguish between abusive or harassing letters versus those communications that carry legitimate consumer complaints and that are valid inquiries under federal law.

What the law says
QWRs are special and important because they arise under specific consumer protection law contained in Section 6 of the Real Estate Settlement Procedures Act (RESPA). Section 6 was added to RESPA in 1990, and generally imposes standards and requirements regarding the assignment sale or transfer of mortgage loan servicing. (12 U.S.C. Section 2605.) Under Section 6 of RESPA, borrowers are afforded a dispute resolution mechanism that gives rise to specific duties on the part of servicers where certain conditions are met.

RESPA’s Section 6 and Section 3500.21(e) of RESPA’s implementing regulations (Regulation X), provide that consumer inquiries would constitute QWRs where:
1. They are submitted in writing.
2. They include, or allow the servicer to identify, the name and account of the borrower .
3. They include a statement of the reasons for the borrower’s belief that the account is in error or must provide sufficient detail to the servicer about other information the borrower is seeking. (12 U.S.C. Section 2605(e)(1)(B)(ii)) Where all such items are included in correspondence to a mortgage loan servicer, the servicer must then provide written acknowledgment to the consumer within 20 business days of receipt of the request. The receipt of a QWR triggers an affirmative duty to investigate the problem identified by the consumer, which must be rectified or explained not later than 60 business days after the receipt of the request .

The relevance of the RESPA provisions set forth above is that, unlike other inquiries from consumers, the duties that arise from inquiries that qualify as a QWR have potent legal consequences.
Under RESPA, borrowers can institute a private lawsuit for a Section 6 violation. They can potentially then recover actual and statutory damages (up to $1,000 per violation), plus attorney’s fees. Furthermore, class-action lawsuits are available in instances of pattern and practices of non-compliance, within three years, of the violation against a loan servicing company who refuses to comply with Section 6.

Lawsuits for violations of Section 6 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. Finally, either HUD, a state attorney general, or state insurance commissioner may bring an injunctive action to enforce violations of Section 6 within three years.

Proper use? Or manipulation?
A quick internet search of the phrase “qualified written request†brings forth over 15 million “hits†on different websites that provide information, advice, and counsel regarding QWRs. The sites’ operators range from law firms to consumer protection outfits offering actual copies of QWR forms and instructions on how to use them.
This level of notice and interest on QWRs is increasingly apparent in bank operations as well, where loan servicers are finding themselves entangled in litigation or legal complaints that are premised on lengthy and elaborate requests from borrowers that demand information about their loans.
It is certainly no coincidence that the marked uptick in QWR filings is occurring in an economic environment of depressed market conditions and record defaults and foreclosures .

Banks very actively engage in outreach efforts to assist delinquent or financially stressed borrowers, in order to modify existing mortgage obligations. However, banking institutions also report marked increases in borrowers, at various stages of loan delinquency, that retain third-party loan workout or modification professionals to represent their interest in managing the default process and communications with the lender.

ABA member banks report that these “foreclosure and default specialists†operate by delivering to the servicer some sort of written correspondence, introducing themselves as representing the borrowers, and then advancing with very aggressive demands for information. Such demands for information are ostensibly made pursuant to “qualified written requests†under Section 6 of RESPA.
Although many borrower requests are simple inquiries for relevant servicing information, an alarmingly increasing share of these requests have evolved into full-fledged complaints that demand action by the servicing bank on a broad range of elements dealing with the mortgage loan that exceed the intended scope of the QWR process. In many instances, these abusive QWRs falsely assert misrepresentation and fraud at the loan origination stage and seek extraneous information about the securitization process. In still other cases, the sender hopes to use the purported QWR to obtain information with which to delay or stop a pending foreclosure

Banks report that some requests resemble a legal complaint, demanding paragraph-by-paragraph responses to numerous and meticulous queries. Such requests are often frivolous and based on fictitious claims. The complaints are extremely burdensome and time-consuming in terms of response time and effort

In many instances QWRs interrupt legitimate efforts to accommodate mortgage modification requests by deserving individuals and divert bank resources from helping qualified borrowers to wasting time on individuals that intend to simply game the process to their own ends.
Clearly then, any correspondence received by a bank that is marked as “QWR†should not be ignored .

The proper handling of these qualified requests is crucial for purposes of controlling legal risk and for the public relations interest of the bank. The important question for compliance professionals is, therefore, how should an institution respond to the QWR, and equally important, how should the institution handle requests that are plainly abusive or harassing?

How do you spot a true QWR?
1.
The first step in managing written requests is to identify which filings constitute “qualified written requests†under RESPA and which do not.
As a preliminary matter, a request must specify the particular errors or omissions in the account, along with an explanation from the borrower of why he believes an error exists, in order to qualify as a QWR. A list of unsupported demands for information is not sufficient.

A qualified written request must include a statement of the reasons for the belief of the borrower that the account is in error.†see link provided below for case studies .Thus, not all borrower inquiries or requests qualify as QWRs. Compliance professionals must therefore screen correspondence for proper identification.
2. Please note that if your institution is not a mortgage loan servicer, these provisions do not apply to you. By coverage and definition, the RESPA provisions under Section 6 apply to only “servicers†as defined by the statute. If you do not service mortgage loans, the requirements described herein are inapplicable to your institution.

3. The bank must consider certain explicit statutory definitional elements. They are :
A notice on a payment coupon or other payment medium supplied by the servicer does not constitute a QWR. 12 U.S.C. § 2605(e)(1)(B).

A request made more than “[one] year after either the date of transfer of servicing or the date that the mortgage servicing loan amount was paid in full, whichever date is applicable†is likewise not a QWR. 24 C.F.R. § 3500.21(e)(2)(ii). (This language leaves unclear whether this one-year limitation applies to only the transferor or to both the transferor and the transferee. Some HUD guidance suggests that a loan’s current servicer must respond to a QWR at any time. See HUD-398-H(4), Buying Your Home: Settlement Costs and Helpful Information , 13 (June 1997) (“If you have a question during the life or your loan, RESPA requires [your servicer] to respond to you

The QWR provision applies only to mortgages secured by a first lien, thereby excluding subordinate-lien loans and open-end lines of credit. ( See 24 C.F.R. §§ 3500.21(a) and (e). See also Appendix A, infra, giving an overview of loans which are exempt from all RESPA requirements.). Generally, then, if the loan is not a first mortgage, the inquiry does not constitute a QWR .
4. Banks and servicers must identify the proper scope of the request in determining whether the correspondence qualifies as a QWR..Even where written requests meet all the explicit statutory tests set out above, RESPA still restricts such inquiries from becoming boundless requests for vague and indeterminate information.

RESPA requires a QWR to request information “relating to the servicing of the loan.†( See 12 U.S.C. Section 2605e1A . “Servicing†is defined as “receiving any scheduled periodic payments from a borrower pursuant to the terms of any loan, including amounts for escrow accounts described in Section10 [of RESPA], and making the payments of principle and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the loan

A QWR which requests no information related to servicing is not a valid QWR. In particular, requests related to origination do not qualify as QWRs. Correspondence about the validity of a loan does not constitute a qualified written request.†Kee v. Fifth Third Bank, 2009 WL 735048 *6 (D.Utah 2009).

Although judicial cases have explicitly recognized this limitation when no information relating to servicing was requested, Regulation X explicitly recognizes that borrowers may use the QWR process to generally access information about the loan’s escrow account. (See 24 C.F.R. Section 3500.17 l.4
Certain courts have noted that the QWR process relates to any request for information related to servicing. Cortez v. Keystone Bank, Inc., 2000 <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com
</st1:country-region>U.S. Dist. Lexis 5705, *36-37 (E.D. <ST1:pMay 2, 2000).


The RESPA borrower inquiry provision applies to any request for information relating to the servicing of a federally related mortgage loan, while the billing error notice provision of TILA applies only to billing errors. A leading case discussing this issue, MorEquity v. Nameem (118 F. Supp. 2d 885 (N.D. Ill. 2000), reached the important conclusion that borrowers fail to state a claim where the borrower’s request merely seeks information concerning the validity of the underlying loan and mortgage documents, but does not seek any information as to the status of the account balance. In such instances, the requests are not QWRs because “the request did not relate to the ‘servicing of the loan.’†(See 188 F. Supp. 2d at 901.

In summary, requests made in a QWR must relate to servicing and escrow matters; those requests that relate to extraneous issues dealing with the items relating to the loan’s settlement or secondary market information, for instance, are simply outside the proper scope of the QWR process. In addition, the initial interim rule setting forth implementing regulations for RESPA assumed that the QWR procedure would be limited to servicing and not very burdensome. In promulgating the interim rule, the Department of Housing and Urban Development estimated the compliance costs of two aspects of the servicer regulation—disclosure of projections and historical information about transfer of servicing and notices of servicing transfer—but did not even estimate a compliance cost for QWR responses outside of those bounds. (See Interim Rule, “Real Estate Settlement Procedures Act, Section 6 Transfer of Servicing of Mortgage Loans,†56 Fed. Reg.19, 506.

As a final, critical, note, if after considering all the elements listed above, a bank discards a request as not qualifying under RESPA’s QWR provisions, most legal experts recommend that the bank’s rationale should be well explained, and that the bank should document the reasons for rejecting the supposed QWR. Such rejections should, where possible, be sent back in writing. Legal counsel should be involved in ensuring that this procedure meets legal standards.

Dealing with the legitimate QWR
When a servicer receives and properly identifies a valid QWR, the servicer must, by law, both acknowledge receipt of a QWR and respond to the substance of any claims or requests included in the QWR. <O:p></O:p>
In addition, the law directs servicers not to provide information to a consumer reporting agency during the 60 days following receipt of the QWR concerning overdue payments related to that period or to the QWR. (See RESPA Section 2605e3

In establishing procedures to comply with RESPA’s QWR provisions, banks should keep in mind that, contrary to some claims, the QWR process does not require a lender or servicer to stop foreclosure proceedings or other legal action on the loan. (See 24 C.F.R. Section 3500.21(e)(4)(ii); see also Webster Bank v. Linsley, 2001 <ST1:place w:st="on"><st1:State w:st="on">Conn.</st1:State></ST1:place> Super. Lexis 2407 (Super. <st1:State w:st="on">Ct.</st1:State> 2001) (holding that “RESPA violations do not discharge mortgage debt and provide no defense to mortgage foreclosure.â€); Security Pac. Nat'l Bank v. Robertson, 1997Super. LEXIS 2306 (Super.1997) (holding that “a violation of RESPA, however, by the terms of the act, does not invalidate the mortgage agreement and thus, does not provide a defense to a foreclosure action. In fact, loan accounts that are deemed in default are generally considered to be out of the scope of RESPA’s escrow and servicing requirements.

To properly respond to the QWR:
1. A servicer must, within 20 business days, provide a written response acknowledging receipt of the QWR. (12 U.S.C. Section 2605-e1(A)

2. Within 60 business days the servicer must investigate the account, make any appropriate corrections, and provide the consumer with a report of their action. at Section 2605e2A.

3. If the servicer corrects the account, the servicer must provide a written explanation of the corrections.

4. If the servicer does not correct the account, it must provide an explanation or clarification that includes a statement of reasons why the account is correct and the name and telephone number of an employee of the servicer who can be contacted to further assist the borrower. at Section 2605 e2B

5. If other information was requested, the servicer must send a clarification or explanation, including the information requested by the borrower or an explanation why the information is unavailable, and the name and telephone number of an employee who can further assist the borrower. Section 2605e2C. Also, if the 60-day response is ready within 20 days, the two responses may be combined. at § 2605(1A)
<O:p</O:p

It is worth noting, however, that a servicer may be able to charge a reasonable fee to prepare a response to a legitimate QWR. Watt v. GMAC Mortg. Corp.-8th Cir. 2006 457 F.3d 781, 783.


In addition, it is also worth repeating that during the 60-day investigation period, RESPA prohibits the servicer from providing negative information to a consumer reporting agency. RESPA seeks to protect consumers from any confusion that may exist in the account while the inquiry in the problem is going forth.

Borrowers and consumers deserve the best possible care and attention from their lending institutions. Such attention includes speedy and thorough answers to all inquiries involving their loan accounts.
However, current laws also contain provisions to recognize that consumer inquiries should be valid and legitimate in intent. RESPA’s qualified written request mechanism has, unfortunately, become a primary tool to harass lenders and mortgage loan servicers. Banks should therefore bear in mind that the law is clear in establishing that QWRs were never intended to be used in a harassing manner or in an effort to delay or dispute foreclosure proceedings.

To be well protected, banks must properly understand the elements of this law, and must carefully implement its provisions in order to effectuate its balance of protecting borrowers while avoiding the negative impact brought about by those that intend to abuse its application. While it may be somewhat more costly to prepare detailed responses to legitimate QWRs and letter objections to improper QWRs, doing so is certainly more cost effective in the long run as it deters potential lawsuits and legal actions.

<O:pSource: <st1:City w:st="on">ABA</st1:City> Banking Journal, this item is found in the link provided:
Scare Mail: Beware of ?QWR?s
 

caldwell02

LoanSafe Member
Jan 30, 2010
2,491
18
0
70
Quite frankly this article is outrageous. "Harass lenders?" Poor little lenders. How sad for them. Their flagrant disregard for the citizens of this country in favor of the almighty buck makes my blood boil. I have endured lies, half truths, promises made and broken by my lender. This only strengthens my resolve. I WILL have a QWR with teeth, if I decide to go that route.
 

ManicMangaManiac

LoanSafe Member
Jan 10, 2008
604
5
0
Hi gang!
I'm glad you all found this thread very informative and useful. I had sent a QWR to my lender before, but it wasn't anything like what I posted here in this thread, and frankly, I wasn't satisified with their response. This time around, they need to know that I mean BUSINESS! I agree with Caldwell, I am tired of the "poor lenders" and their flagrant lies, denials, and constant empty promises; it is time to STICK IT TO THEM! I'll let you folks know what happens.....
Sally

P.S. Have a great weekend in the meantime!
 

tc4gold

Banned
Apr 9, 2009
97
0
0
Hi,

I just got a rental property foreclosed on by Aurora, I had put in a short sale request which they received. THey ignored it because it had one page (hud1 missing), told me they tried to call and my phone numbers were disconnected - WRONG; I sent in an ammended short sale by fax that had the hud 1, they foreclosed anyway and said it was all my fault, I should have called them to say a package was on its way. Not that you get through to anyone when you do. I had asked for deed in lieu but they denied that saying it hadn't been for sale long enough WRONG AGAIN. I had asked for the original note which they sent but it isn't clear that this is the orginal. I was trying to get a modification or short sale since April but they wouldn't take a short sale without an offer even though a friend had offered to settle the debt for 50c on the dollar early on and I informed them of that but the took no notice of that either. THey will not be able to sell this property for even $15k in the current market.

THey did over inflate the appraisal by $20k plus $63k on a 2 bed 600sq ft house in TN. Can I still send this request and is it all too late as they say the have foreclosed and will get a defficiency judgment on me?

HELP, I do not want a deficiency judgement, this house could not sell for even half what was owed on the note (44k)
 

faith

LoanSafe Member
Feb 1, 2008
973
9
0
California
I just got a rental property foreclosed on by Aurora, I had put in a short sale request which they received. THey ignored it because it had one page (hud1 missing), told me they tried to call and my phone numbers were disconnected - WRONG; I sent in an ammended short sale by fax that had the hud 1, they foreclosed anyway and said it was all my fault, I should have called them to say a package was on its way. Not that you get through to anyone when you do. I had asked for deed in lieu but they denied that saying it hadn't been for sale long enough WRONG AGAIN. I had asked for the original note which they sent but it isn't clear that this is the orginal. I was trying to get a modification or short sale since April but they wouldn't take a short sale without an offer even though a friend had offered to settle the debt for 50c on the dollar early on and I informed them of that but the took no notice of that either. THey will not be able to sell this property for even $15k in the current market.
THey did over inflate the appraisal by $20k plus $63k on a 2 bed 600sq ft house in TN. Can I still send this request and is it all too late as they say the have foreclosed and will get a defficiency judgment on me?

HELP, I do not want a deficiency judgement, this house could not sell for even half what was owed on the note (44k)

Hello and welcome to this forum,
Did you get a foreclosure notice? Maybe the link below can help you understand the foreclosure process.
http://www.loansafe.org/forum/foreclosure-process/

Time is the essence when you are doing Short Sale due to many factors: the buyers may back out due to long process, I have 7 buyers that backed out waiting for the lender to approve the Short Sale, It took 4 months and 19 days for the lender to approve the Short Sale. Note that my first listing expired where 6 buyers backed out and 1 buyer backed out on 2<SUP>nd</SUP> listing. The lender may give stricter guidelines to approve a buyer that is 20% or more in down payment, credit score, and job security.


When you decide to do Short Sale you have work to hard 24/7 and don’t depend on your agent to do the job for you. You have to help your agent and cooperate with him. You have to list your house with a Real Estate Agent with experienced doing Short Sale. You need to price your house right in order to get a buyer, because without a buyer your lender will not approve the Short Sale. The lenders will only consider allowing you to have the Short Sale if your house is already in the market within 60-90 days listed with a real estate agent, behind in mortgage payments within 60-90 days.


Go to www.zillow.com to get the recent homes sold in your area. Your house should be priced within 85-90% of the fair market value. If you have PMI (Private Mortgage Insurance) the only way they approve the Short Sale is if you sign a promissory note to pay for the balance owed. This amount can be negotiated and you can make an offer to pay the balance owed within 5% to 10% of the balance owed, payable in 10 to 30 years and no interest. If you do Short Sale your credit will be hit around 73 to 200 points.

List of <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com
</st1:placeName>Non-Recourse <st1:placeName w:st="on">Mortgage</st1:placeName> <st1:placeType w:st="on">States</st1:placeType> and Anti-Deficiency Statutes

<st1:State w:st="on">Alaska</st1:State>
<st1:State w:st="on">Arizona</st1:State>
<st1:State w:st="on">California</st1:State>
<st1:State w:st="on">Connecticut</st1:State>
<st1:State w:st="on">Florida</st1:State>
<st1:State w:st="on">Idaho</st1:State>
<st1:State w:st="on">Minnesota</st1:State>
North <st1:City w:st="on">Carolina</st1:City>
<st1:State w:st="on">North Dakota</st1:State>
<st1:State w:st="on">Texas</st1:State>
<st1:State w:st="on">Utah</st1:State>
<st1:State w:st="on"><ST1:pWashington</st1:State>
<st1:State w:st="on"></st1:State>
<st1:State w:st="on"></st1:State>Other links that may be able to help you understand the process of Short Sale, Deficiency Judgment, Walking Away. Take your time reading it.
<O:p</O:p
http://articles.directorym.com/Paying_A_Deficiency_Judgment_From_A_Foreclosure_Tennessee-r969781-Tennessee.html
<O:p</O:p
Deficiency Judgments After Foreclosure - Do Banks Really Sue For Them
<O:p</O:p
http://www.loansafe.org/forum/short-sale-outpost/

http://www.loansafe.org/forum/deed-lieu-foreclosure-do-you-need-help-walk-away/


God bless you and take care.
 

so-cal-gal

LoanSafe Member
Jul 26, 2009
770
7
0
San Diego, CA
Beware of “QWRâ€s
The increasing burdens of “Qualified Written Requests†under RESPA put mortgage servicers in a troublesome place. But there’s more law on their side than meets the eye. It must be considered as servicers distinguish legitimate issues from harassment and abuse of the law


<o>:pSource: <st1:city w:st="on">ABA</st1:city> Banking Journal, this item is found in the link provided:
Scare Mail: Beware of ?QWR?s
[I abbreviated your post but wanted to show that your work is what I'm helped by.]

Thank you Faith!

I knew that my attorney had liked the very factual request that I had already made to Litton even before seeking his help. I had not known of the magic of saying QWR but the content did exactly provide the details that SHOULD have triggered a response as specified.

I gave them this in writing:
</o> 1) the name and account of the borrower,
2) a statement of my reasons for claiming my account is in error. I cited that there was an existing notarized mod contract and that there was every indication that they KNEW of said document yet refused to honor it. I basically told them they needed to 'FIX THE PROBLEM" I identified.

I NEVER got a response, not even a form letter telling me that they did not consider my request valid. It has been 2 months since I requested they respond. Now the attorney has again requested the same information. There has been one form letter from them but it does not cite that it is in response to the QWR. It says they will respond in about 60 unless legally required to do so sooner.

I like knowing that there are additional venues for getting an injunction, if we have to go that route. Litton/CW/BofA are stonewalling. RESPA indicates transfers are not to affect the mortgage instrument. CW/BofA transferred my note effective the very day the modified payments were to start. Litton, where the note was transferred, refused to honor the notarized mod. The CA AG's settlement indicates CW is not to do things like that little ol' transfer to keep from implementing the mods under the settlement. Because of the provisions of that mod agreement not being implemented, Litton immediately started action to declare the loan in default. Perhaps they are thinking that because the loan was in arrears when they transferred it, that they can ignore RESPA, and justify not responding to the request based on RESPA all the while breaking it's provisions?

I also found out that my attorney can file suit asking that CW be found in contempt of court because they have breached the stipulated settlement agreement in my case (and at least a few thousand others). The AG does not have to be the one who initiates such a claim. That would also then give grounds for an injunction. That will be a simpler case than citing ALL the laws and regulations that have been flaunted in my case. No action was to be taken to try a foreclosure while a mod under the settlement agreement was being worked out. Well, this one is a completed mod. No excuse is provided in the settlement agreement, allowing any of the notarized and verified modification contracts to be ignored and never implemented.

I wonder how easy it is to get either HUD, a state attorney general, or state insurance commissioner to bring an injunctive action to enforce violations of Section 6 of RESPA?

Of course I know we can sue for the pidly $1000. I want that injunction since these corporate idiots won't respond and I believe it is quite intentional, not just over-worked 'grunts' who are calling the shots on these modification contracts that are being singled out for 'non-implementation'. I'm having to coin a term to describe it. They never denied the ap, they generated the mod, they never found a flaw with the mod. CW/BofA/Litton just failed to follow the instructions.

 

faith

LoanSafe Member
Feb 1, 2008
973
9
0
California
So Cal,
I am sorry to hear about your situation. Have you tried contracting the Presdient of BA.
The contact number for BA is Barbara Desoer, President of BA.

Bank of America
Loss Mitigation
1-800-846-2222


Barbara J. Desoer
President of Home Loans
[email protected]

Bank of America Corporate Center
100 N. Tryon St.
Charlotte, NC 28255
Phone: 1-704-386-5681
Fax: 1-704-386-6699
You can send her email and let her know your hardship and ask her help. You can also try to call NACA to see if they can help you too.

Information and links for NACA
https://www.naca.com/refinance/refinanceTenStep.jsp

NACA’s Politician search link and write to your Senator and Congressman you will get their attention when a politician is calling in your behalf.
https://www.naca.com/members/publicPoliticianList.jsp

If you think you are a victim of predatory lending you need to file a complaint against your State Attorney General of <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com
</st1:State>California his name is Edmund G Brown

<O:p
Attorney General: Edmund G. Brown
AG Office of the Attorney General - Edmund G. Brown Jr., Attorney General
<ST1:p<st1:State w:st="on">California</st1:State> Department of Justice
Attn: Public Inquiry Unit
<st1:address w:st="on"><st1:Street w:st="on">P.O. Box 944255</st1:Street>
<st1:City w:st="on">Sacramento</st1:City>, <st1:State w:st="on">CA</st1:State> <st1:postalCode w:st="on">94244-2550</st1:postalCode></st1:address>
Phone: 916-322-3360
Toll-Free: 800-952-5225 (in CA)
Fax: 916-323-5341

I don’t think that our government it going to pass comprehensive legislation that deals with predatory lending. They will probably think of some sort of legislative fix, but is legislation the answer? I really do not know. I sometimes look back and think how I signed the contracts and I still remember the Title Company’s notary public comment, I will leave you guys alone and if you have questions you have 3 days to cancel the loan. I’ve heard what she said but we really didn’t hear it. She was in a hurry to notarize the documents because she knew if she stayed a little longer we might ask her questions pertaining to the loan.

A Notary Public can not answer our question because if we back out, not only she will lose her notary fee for mortgage loan of $350 but she can also be sued by the lender if we back out. I am a certified Public Notary now but not back then. My heart said she was a red flag, and I knew there’s nothing wrong with her going in and out of the room. My heart said don’t sign the documents just get up and leave but my husband didn’t listen to me.

I sold my house in July of 2008. When I was reviewing my loan documents when I bought that house I found a lot of questionable figures, fees and statements. Can I prove if it’s predatory? I really don’t know but if I only exercise sound judgment and self control and use common sense I could have save myself time, pain and money. I should have not bought that house, if only this and only that but there’s nothing I can do now, my house is gone and all my savings and equity money from my previous house is gone.


A lot of fraud and deceptive actions is done at closing where subprime borrowers are often presented with terms that do not match those previously offered, and then pressured into signing documents they have not had time to review.” WE SHOULD ALL TAKE THE TIME to read the contract — if it sounds too good to be true, it probably is, if there’s a tag in your heart, if they can not look you in the eye, if you don’t fully understand it — DON’T SIGN! If there is pressure to sign —THAT’S A RED FLAG.

This is not a legal advice but for information only. I don't know anything. I am a person who can not say three and tree, Utotem and Curtain. Do you have a Pennnnnnnn what Piano, sorry miss I do not play Piano, No Pennnnnnnnnnnnn the one you use to complete your Application for Employment. Oh I am sorry I thought you are asking me if I know how to play a Piano. Did I get that job? No, what I've got is gaspain and a stomachache .

<O:pThat experience seemed to be dumb, </O:p> However, if someone is driving and he hit somebody, and I see everything I can memorize his license plate in a second and can dial 911 fast, I will be following him until justice is done.
My hobby is to memorize someone's license plate while driving. It's also my hobby to use my mind to know my total bills including tax, and tip when I eat at Denny's before the waiter gives me my bill I already know how much my bill is. This is just a laughing matter, to break the ice.

Thank you and God bless you. .
 

Whitmm

LoanSafe Member
Aug 23, 2009
11
0
0
Ohio
Anyone know what the mailing address for Wells Fargo is when sending the "Qualified Written Request" ? I'm sure we don't send it to the same place where payments are collected.

Also, can the QWR help if I am already in foreclosure? No sale date, been trying to work with Wells Fargo since October of 2008! You cannot even believe how many times I have faxed all the required paperwork to get a loan modification. Only to check in with them to say the request is expired and I have to send in everything all over again.

Now, just got a call wanting a 5 month trial payment plan, then after January 2010 they want a balloon payment of approximately $19,000 then they will see if a modification can be worked out. The man I spoke with told me they pretty much know I won't be able to make the balloon payment, but feels I will be able to make the mortgage payments. WHAT????

My story consists of falling behind on monthly payments due to the fact that my estranged husband moved out and would not help me make them. I wasn't working at the time, and when I could find a job was only part-time work. The payments just kept falling so far behind that I could not catch up and then Wells Fargo foreclosed. My payments were great - $409.00 a month less taxes and insurance escrow. Interest rate is 7% - so you can guess my loan amount was low as well - borrowed $60,000. However, Wells Fargo wants me to now pay almost $800 a month in the trial payment plan, for a home that with all the foreclosure fees and late payments & fee costs added to the mortgage payoff and depreciated resale value - I would walk away with nothing!

This isn't going to work for me! I have tried to tell them I can make the mortgage payments now . . . I just want the mortgage payments I used to have $409.00

Anyone have any ideas? I've only been dealing with the loss mitigation department at Wells Fargo - should I contact the executives and tell them my story?

Oh, and I spoke with the man from Wells Fargo on Sat., Aug 22, 2009 regarding their decision, telling me I needed to make the $800 payment on Tuesday, August 25th (yep, they gave me 3 days notice). Plus I have never received any "official" letter or package stating any of this from them.

Help!

Thanks!
 

so-cal-gal

LoanSafe Member
Jul 26, 2009
770
7
0
San Diego, CA
I think if you read the LONG post Faith made on this thread that you will see this does not look to be a valid usage of a QWR.

I think it also said the QWR was not what should be used to stop a foreclosure unless there is a specific problem with the accounting or other aspects such as a transfer where things have gone amiss.
 

Whitmm

LoanSafe Member
Aug 23, 2009
11
0
0
Ohio
I did read Faith's posting regarding the QWR - honestly, didn't understand a whole lot of it! lol

I may just send it anyway - couldn't hurt I suppose.

Thanks for your reply!
 

faith

LoanSafe Member
Feb 1, 2008
973
9
0
California
Anyone know what the mailing address for Wells Fargo is when sending the "Qualified Written Request" ? I'm sure we don't send it to the same place where payments are collected.

Also, can the QWR help if I am already in foreclosure? No sale date, been trying to work with Wells Fargo since October of 2008! You cannot even believe how many times I have faxed all the required paperwork to get a loan modification. Only to check in with them to say the request is expired and I have to send in everything all over again.

Now, just got a call wanting a 5 month trial payment plan, then after January 2010 they want a balloon payment of approximately $19,000 then they will see if a modification can be worked out. The man I spoke with told me they pretty much know I won't be able to make the balloon payment, but feels I will be able to make the mortgage payments. WHAT????

My story consists of falling behind on monthly payments due to the fact that my estranged husband moved out and would not help me make them. I wasn't working at the time, and when I could find a job was only part-time work. The payments just kept falling so far behind that I could not catch up and then Wells Fargo foreclosed. My payments were great - $409.00 a month less taxes and insurance escrow. Interest rate is 7% - so you can guess my loan amount was low as well - borrowed $60,000. However, Wells Fargo wants me to now pay almost $800 a month in the trial payment plan, for a home that with all the foreclosure fees and late payments & fee costs added to the mortgage payoff and depreciated resale value - I would walk away with nothing!

This isn't going to work for me! I have tried to tell them I can make the mortgage payments now . . . I just want the mortgage payments I used to have $409.00

Anyone have any ideas? I've only been dealing with the loss mitigation department at Wells Fargo - should I contact the executives and tell them my story?

Oh, and I spoke with the man from Wells Fargo on Sat., Aug 22, 2009 regarding their decision, telling me I needed to make the $800 payment on Tuesday, August 25th (yep, they gave me 3 days notice). Plus I have never received any "official" letter or package stating any of this from them.

Help!

Thanks!


Hello,
I found WF contact numbers, email and website.

CEO: John G. Stumpf
420 <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com
<st1:Street w:st="on">Montgomery St.</st1:Street>

<st1:City w:st="on">San Francisco</st1:City>, <st1:State w:st="on">CA</st1:State> <st1:postalCode w:st="on">94163</st1:postalCode></st1:address>
1-866-878-5865

Go to https://www.wellsfargo.com/jump/mortgage/assist
<O:p</O:p
Cara K Heiden, CEO Co-President National Consumer Lending and Institutional Lending:
[email protected]

Michael J. Heid, Co-President Capital Markets, Finance and Administration:
[email protected]

Jerald Banwart, SVP Servicing Operations:
[email protected]

Mary Coffin, Vice President:
[email protected]

Sharon Cecil, Assistant to both:
[email protected]

Debra Walsh (unknown title):
[email protected]

Rick Kelphart (unknown title):
[email protected]

Todd M. Boothroyd, Counsel:
[email protected]

Executive numbers:
Executive Communications
MAC X2302-02J <st1:address w:st="on"><st1:Street w:st="on">800 S. Jordan Creek Parkway
West</st1:Street> <st1:City w:st="on">Des Moines</st1:City>, <st1:State w:st="on">IA</st1:State> <st1:postalCode w:st="on">50266</st1:postalCode></st1:address>
515-324-3130

515-324-2872<O:p

Denise Erickson
Executive Mortgage Specialist, Office of the President, WF Home Mortgage
MAC X2302-019
1 Home Campus
<ST1:p <st1:City w:st="on">Des Moines</st1:City>, <st1:State w:st="on">IA</st1:State> <st1:postalCode w:st="on">50328</st1:postalCode></ST1:p
[email protected]
1-515-324-2610
<O:p
 
F

Fedup

Guest
Faith,

Thank you for the “other side” of the picture, it opens my eyes a bit more to the whole scenario. I’m bothered to a great degree about the validity / harassing side of the QWR as considered by the banks in your second post and here’s why. After reading the first one posted by “Manic” I found myself embraced in many aspects correlating with abuse accorded to us in a “third party” way that I may not be able to prove from the validity stand point of you post.

On the Friday night we signed our loan papers, approx. 7pm. the escrow agent held in her hands a stack of documents for each transaction (1st and 2nd) which I estimated to be at least (I’m in construction) 6” high for the 1st, and 3” high for the 2nd. The time spent signing and initialing took 1hr. and 45min. With each document we signed or initialed, she inserted each one in some sort of order within each of these stacks, in other words this was Not a page by page filing of a debt instrument. There was “filler documentation” between each one that we executed.

When asked for full copies of all documents, she made an excuse as to why it couldn’t be done that evening and we directed her to a copy store not far from our residence that I knew would be open at that hour, she later called after more than an hour and said the store was closed when they arrived and our “copies” would be delivered the next day, Saturday, before noon which they did, in-part!

We Did Not receive the entire “stack” of documentation. What I have in my hands today is close to 1” on the 1st, and ¾” on the 2nd. So I must ask what happened to that 9” stack of paper and what was in it!??

So what was I unknowingly doing, signing my life away to invest bankers, brokers and securities firms…..Why Can’t I Ask for This Information in a QWR???

Who is Covering for Who…..

Gary