QUALIFY WRITTEN RESPONSE (QWR)


QUALIFY WRITTEN RESPONSE (QWR)


  • Write a QWR (Qualified Written Request).

    For more information or help, please call us at 1-888-641-3934
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  • Per the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. 2605(e) the homeowner has the right to dispute and question the alleged debt and to obtain key pieces of information about his/her loan.
    The Servicer must acknowledge this QWR request by letter within FIVE (5) days (excluding holidays, Saturdays, & Sundays) and must fully respond to the QWR by letter within THIRTY (30) days (excluding holidays, Saturdays, & Sundays) per the time mandated by Congress in “Subtitle ‘E’ Mortgage Servicing” of the ‘‘Dodd-Frank Wall Street Reform and Consumer Protection Act" and pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1). The Dodd-Frank WSF and CPA permit an additional 15-day extension if the homeowner is notified.

    Also, pursuant to the Truth in Lending Act Section 1641(f)(2), the Servicer, if requested (see #15 below), must provide the homeowner the identity of the owner(s) of the debt or creditor(s).
    The letterbelow requests the full name, address and telephone number of the current holder and owner of the original mortgage note including the name, address and phone number of any trustee or other fiduciary.

    The Servicer is also required to provide “the name and telephone number of an individual employed by, or the office or department of, the servicer who can provide assistance to the borrower” [12 U.S.C. § 2605(e)(2)].

    Notice the letter asks for the "Trust that the loan is in". The purpose is to obtain the identity of the pooling and servicing agreement for the securitization trust. The trustee is the alleged (explained later) "holder" of note, for instance, and the equitable owners of the loan are the thousands of holders of mortgage backed securities (MBS's). Example: HSBC Bank USA, National Association, as Trustee for Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB3 Mortgage Pass-Through Certificates, dated April 1, 2006.

    Send the letter to the Correspondence address listed under Executive Contacts or on your mortgage statement/bill. Do not send the QWR to the payment address.


Note: See What happens if the Servicer Fails to Respond section below the letter.

Sample Letter 

 March 8, 2019

Certified First Class U.S. Mail # 7011 0110 0000 6913 2002

Correspondence Address:

Institution

Address

Address


In the Matter of: 

John and Jane Doe


Property Address:

123 Any Street

Atlanta, GA 30030


Account Number # 0000000000000


R.E.S.P.A. QUALIFIED WRITTEN REQUEST


Dear Sir or Madam:


Please treat this letter as a “qualified written request” under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605(e).


Specifically, we are disputing a) the identity of a true secured lender/creditor, and b) the existence of debt, and c) your authority and capacity to collect on behalf of the alleged lender/creditor. Because of extensive criminal activity and fraud in this arena, we require proof of the chain of secured ownership from the original alleged lender/creditor to the alleged current lender/creditor. Further, we require proof that you are the entity that has been contracted to work on behalf of the alleged lender/creditor.

Pursuant to “Subtitle E Mortgage Servicing” of the Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1), please provide:


1. A full, double sided, certified “true and accurate” copy of the original promissory note and security instrument and all assignments of the security instrument.


2. Full name, address and telephone number of the actual entity that funded the transaction.


3. Full name of Trust where the Note Number is trading, or has traded, and the identifying Series of Certificates.
(Note: If the note number is being traded in a Fannie Mae Trust or Freddie Mac Trust, please provide all information to identify the Trust (i.e. Fannie Mae Pool Number, CUSIP Number, REMIC or SMBS Trust Number and Trust Class/Tranche).

4. Full name, address, and telephone number of the Trustee.

5. Full name, address, and telephone number of the Custodian of my original Promissory Note, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act.

6. Full name, address, and telephone number of the Custodian of my original Security Instrument, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act.

7. A physical location (address) of the original promissory note, original security instrument, and all assignments of the security instrument, and a contact name and phone number of someone who can arrange for inspection of said documents.

8. Full name, address and telephone number of any master servicers, servicers, sub-servicers, contingency servicers, back-up servicers or special servicers for this account.


9. The electronic MERS number assigned to this account if this is a MERS Designated Account.

10. Proof of true sale of the note from alleged Lender to investors, by showing:
Wire transfer document(s), and/or
Signed purchase and sale agreement(s),
Bank statements or similar documentation.


11. The MERS Milestone Report, if the note number and security instrument was tracked by Mortgage Electronic Registration Systems. I want to see the audit trail of the alleged transfer in ownership and alleged transfer in security interest.


12. A complete audit history from alleged loan origination, showing the dates payments were applied, and to what internal accounts (i.e. principal, interest, suspense, escrow, etc.) payments were applied.

13. A complete and itemized statement of all advances or charges against this account.


14. A complete and itemized statement of the escrow for this account, if any, from the date of the note origination to the date of your response to this letter.


15. Have you purchased and charged to the account any Force-Placed Insurance?


16. A complete and itemized statement from the date of the note origination to the date of your response to this letter of the amounts charged for any forced-placed insurance, the date of the charge, the name of the insurance company, the relation of the insurance company to you or a related company, the amount of commission you received for each force-placed insurance event, and an itemized statement of any other expenses related thereto.


17. A complete and itemized statement from the date of the note origination to the date of your response to this letter of any suspense account entries and/or any corporate advance entries related in any way to this account.


18. A complete and itemized statement from the date of the loan to the date of your response to this letter of any property inspection fees, property preservation fees, broker opinion fees, appraisal fees, bankruptcy monitoring fees, or other similar fees or expenses related in any way to this loan.


19. A statement/provision under the security instrument and/or note that authorizes charging any such fee against the account.


20. Copies of all property inspection reports and appraisals, broker price opinions, and associated bills, invoices, and checks or wire transfers in payment thereof.


21. Complete copy of any transaction report(s) indicating any charges for any "add on products" sold to the debtors in connection with this account from the date of the note origination to the date of your response to this letter.


22. Complete and itemized statement of any late charges added to this account from the date of the note origination to the date of your response to this letter.


23. Complete and itemized statement of any fees incurred to modify, extend, or amend the loan or to defer any payment or payments due under the terms of the loan, from the date of the note origination to the date of your response to this letter.


24. Complete, itemized statement of the current amount needed to pay-off the alleged “loan” in full.


25. Verification of any notification provided to me of a change in servicer.


You should be advised that within FIVE (5) DAYS you must send us a letter stating that you received this letter. After that time you have THIRTY (30) DAYS to fully respond as per the time frame mandated by Congress, in “Subtitle ‘E’ Mortgage Servicing” of the ‘‘Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1).



TRUTH – IN-LENDING ACT § 131(f)(2)



Pursuant to 15 U.S.C. § 1641 (f):


Please provide the name, address and telephone number of the owner(s) of the mortgage and the master servicer of the mortgage.


You should be advised that Violations of this Section provide for statutory damages of up to $4,000 and reasonable legal fees. The amendments also clearly provide that the new notice rules are enforceable by private right of action. 15 USC 1641


Sincerely,

__________________________ ____________________
Your Name Date

__________________________ ____________________
Your Name Date

cc: 

U.S. Certified Mail # ________________
Office of RESPA and Interstate Land Sales
Office of Housing, Room 9154
US Department of Housing and Urban Development
451 Seventh Street, SW
Washington, DC 20410

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