Write a Qualified Written Request

Write a QWR (Qualified Written Request)
Scroll down for a concise, up-to-date letter (used by attorneys).  Click here for Word document.

For more information or help, please fill in the form below.

This is part of the Self-Help portion of Foreclosure Defense. See Foreclosure Defense for more tools and tips you can do in preparation for legal action.


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 letter below 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, 2013  

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,
 

 

__________________________                               ____________________
John Doe                                                                      Date

__________________________                               ____________________

Jane Doe                                                                      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

                                                     If Fannie Mae or Freddie Mac:
                                                    
                                                    U.S. Certified Mail # ___________________
                                                    FHFA Office of Inspector General
                                                    Attn:   Office of Investigation - Hotline
                                                    400 7th Street, SW
                                                    Washington, DC 20024

                                                                   And

        Fannie Mae:                                      OR                             Freddie Mac:

U.S. Certified Mail # _________________            U.S. Certified Mail # _______________
Timothy Mayopoulos, CEO                                     Donald H. Layton, CEO
Federal National Mortgage Association                    Federal Home Loan Mortgage Corp.
3900 Wisconsin Avenue NW                                  Attn: Consumer Care
Washington, DC 20016-2892                                 8200 Jones Branch Drive
                                                                               Mailcode: C1K
                                                                               McLean, VA  22102
 

                            What Happens if the Servicer Fails to Respond?

Any time the Servicer fails to ACKNOWLEDGE and/or RESPOND or RESPOND COMPLETELY within the required time frame, 
1) Send another letter and
2) Send a complaint with your QWR and the Answer to the QWR (or report non-response) to:


U.S. Certified Mail # _________________            
Consumer Financial Protection Bureau
P.O. Box 4503
Iowa City, Iowa 52244 
There is a special unit inside CFPB.                          
Please report your results to Operation Rest.

Not necessary, but will notify the Monitor about violations:
U.S. Certified Mail # _________________
Joseph A. Smith, Jr.,
Monitor of the National Mortgage Settlement
Office of Mortgage Settlement Oversight
301 Fayetteville St., Suite 1801
Raleigh, NC 27601

Each failure of the servicer to properly respond creates a cause of action for you against the servicer. That could be $2,000 statutory per violation plus actual damages plus attorney fees for each separate request. If you live in a judicial foreclosure state, the failed responses become counterclaims as part of the answer filed by your attorney.
If you live in a non-judicial state, then Section 6 of RESPA allows a homeowner to file an affirmative action within one year for a mishandled Qualified Written Request.

Recommendation:
If the Servicer fails to respond to the first Qualified Written Request, send another QWR, stating that the prior request(s) dated X and Y were ignored (remember each failure creates a circumstance in which the homeowner can receive damages).   

          Why is the Identification of the Pooling and Servicing Agreement (PSA)
                                       for the Securitization Trust Important?

The pooling and servicing agreement for a public securitization trust governs the types of workouts that are permitted under your group of loans. PSA's are 200 to 500+ page documents that can be found on SEC.gov by typing the name of the securitization trust in Google.  To receive a certified copy of the PSA, write CERTIFIED@sec.gov.   Also see Get Your PSA.

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We look forward to speaking with you.
Sincerely, Anne Batte
Executive Director

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