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Sample Qualified Written Request Letter to Lender

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January 31,2009

Attention: Your Mortgage Company Customer Service Department:

Re: Loan Number: ten digits or so

Your name

Co applicant name

Property address

Could be anywhere, CA 46164,

Dear Customer Service,

This is a “Qualified Written Request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing to request:

(1) Copies of all documents pertaining to the origination of my mortgage including my loan application, Right to Cancel, Deed of Trust, note, adjustable rate note, Truth in Lending statements, Good Faith Estimate (GFE), HUD 1, appraisal (including comparable properties, which were used to arrive at value for the above loan, and all required disclosures. These copies should be legible and all documents shall be copied in their entirety.

(2) A copy of the loan history including all payments made, all fees incurred, what has been paid out of the escrow account, and how all payments were applied. This information should cover the entire life of the loan.

We have reason to believe that either, the loan terms were misrepresented to us at the time of closing, or payments made to the servicer on this note were inaccurately charged, and/or posted, causing unnecessary financial and emotional stress. If the servicer did charge and apply payments properly, then there is reasonable suspicion that the loan terms may have been modified after signing.

We are particular concerned about the time period after insert date, after payments started increasing. It was at this time that my wife became ill, and was not able to return to work for six months (until November 2006). During this time, unfortunately our financial reserves were drained, and we were forced to shuffle payments to avoid foreclosure, car repossessions, utility shutoffs, etc. It has been a constant battle since that time.

Until recently, We have stayed in contact with numerous people within your customer service departments, loss mitigation departments, and recently in the process of trying to bring this loan current, or attempting to renegotiate this loan. I was advised that someone would contact me and there would be no problem getting assistance to bring the account current. I had not heard from your customer service department again, and recently contacted your customer service department. It was then that I was told that it would be possible to negotiate and receive an offer to bring the loan current, but was never told on the phone what specifically that compromise may be, just that someone would be in contact with us.

We are very proactive in keeping our family home. We do not want to lose our home, and an application for a hardship withdrawal is in hand, to bring the loan current. We must have a letter with an amount to bring the loan current, and after an industry professional reviews all documents, and agrees that the amount on the letter are accurate, we will be making payment to bring the loan current.

I have been given the runaround by your voice recognition call routing system on numerous occasions. I have talked to various agents with different versions of what the loan modification process really entails. I have been re-routed to the wrong department or individual, dozens of times. This letter should serve, once and for all, to get the proper answers from your company.

I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

In closing we are not trying to get out of paying anything only getting the loan current, and to proceed with timely payments for the remaining duration of the loan.

Sincerely,

It’s me and my spouse

Cc: HUD, Hope Nowâ, attorney handling foreclosure proceedins,

Contact person (Clerk of YOUR County, your state Circuit and Superior Courts),

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We did a QWR to Litton over a year ago and never got the information we requested! We've since gotten through our bankruptcy, moved out of the house and onto other things. However, we've not given up the idea of suing our servicer's for servicing fraud and I'd like to know if we can do a QWR to the entire group of servicer's even if we no longer own the home? Or are we going to need a lawyer first?

I've constructed a mortgage time line and I have an extensive pile of documents, but there are a lot of things missing - statements for one, they only sent them sporadically. Plus, I'd just be curious to know how a $104,000 mortage, after being paid on for 4 years, wound up being a $112,000 mortgage? We've tried to make the math work to disprove our claim and we can't do it. :confused:

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Hello every body !

Last month I sent my request, and this week I received this letter telleng me this :

Your request is more in the Vein of discovery request. Section 35100.21(e) (2) of the act is intendedto provided a borrower a method of challenging a spicific error.

any ways I have a tipe of loan that we call it ARM's Pick up payment loan.

(neg Am) so I understand that all loans are in Violation with Tila,Respa!

If thats is thrue can any you guys help to answer this Guys !

Thanks!

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Hello every body !

Last month I sent my request, and this week I received this letter telleng me this :

Your request is more in the Vein of discovery request. Section 35100.21(e) (2) of the act is intendedto provided a borrower a method of challenging a spicific error.

any ways I have a tipe of loan that we call it ARM's Pick up payment loan.

(neg Am) so I understand that all loans are in Violation with Tila,Respa!

If thats is thrue can any you guys help to answer this Guys !

Thanks!

Without seeing what you requested in your QWR, it is impossible to determine why the lender/servicer would send that back.

Basically, the QWR is to make sure that the lender is complying with the terms of the mortgage note. If there have been any payments applied over the course of the loan, the lender/servicer must supply the borrower with the information of how they appliied those payments.

The ARM Pick a Payment was one of the trickiest type of loans to disclose. The APR must show a worse case scenario and be within 1/8 % tolerance of the actual APR. The payment schedule must also disclose a worse case payment scnario, including all worse case possible balances (in case of paying the minimum payment) and all interest rate adjustments up to and including year ten (or five, depending on the actual time) when the loan converts to a fully amortized payoff schedule. So detailed is this disclosure, that I will not even attempt to lay out a sample.

No, not all mortgages were in violation of TILA and RESPA.

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I filed a QWR last month waitng a couple weeks for the 60 days to expire before they have to answer > i received my ret/rec so i know they got it . What do i do if they dont respond . trying to prepare.

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I filed a QWR last month waitng a couple weeks for the 60 days to expire before they have to answer > i received my ret/rec so i know they got it . What do i do if they dont respond . trying to prepare.

I tried to post a link for you, but it won't let me. Google "RESPA violations" and look for the link entitled "HUD RESPA: More Information" (probably the second link).

I have found them very responsive, although we haven't yet reached the enforcement stage yet.

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I'm helping a friend --she was served papers for foreclosure-She entered Pro-Se and she also filed defendants answers to Plaintiff's Civil Action Complaint.Week of April 14th

A few days after they were filed she received a letter (dated 4/22/10) from the law firm that is handling the civil action complaint. The letter simply said "Please advise as to what you are looking for as far as settlement."

Then late last week she received another letter from the law firm and its a loan work out package.

She wants to know if it would be best to fill out that paperwork or should she send them the QWR letter in return.

A little history her and her husband refinanced their home about 3 years ago or so it has transferred about three time to different servicing companies, Litton, wilshire and now BOA.

Also July of 2008 is when the first foreclosure paperwork was served they hired a lawyer and in Dec of 2009 the case was dismissed, but she was told that the mortgage company could refile.

She also has a letter dated 2/26/2010 and its a copy of praecipe to substitute verification (i have no idea what that is could someone explain to me what that is).

They want to remain in their home. They have children still living at home (16.14.9) husband was laid off. Wife works. They are waiting for a wrongful death lawsuit settlement. Husband is actively looking for a job. Husband is working 2 part time jobs plus doing odd jobs for elderly/young families in the community.

Any help from you all would be appericated. They do not have a computer. That is why I'm posting and helping.

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I'm helping a friend --she was served papers for foreclosure-She entered Pro-Se and she also filed defendants answers to Plaintiff's Civil Action Complaint.Week of April 14th

A few days after they were filed she received a letter (dated 4/22/10) from the law firm that is handling the civil action complaint. The letter simply said "Please advise as to what you are looking for as far as settlement."

Then late last week she received another letter from the law firm and its a loan work out package.

She wants to know if it would be best to fill out that paperwork or should she send them the QWR letter in return.

A little history her and her husband refinanced their home about 3 years ago or so it has transferred about three time to different servicing companies, Litton, wilshire and now BOA.

Also July of 2008 is when the first foreclosure paperwork was served they hired a lawyer and in Dec of 2009 the case was dismissed, but she was told that the mortgage company could refile.

She also has a letter dated 2/26/2010 and its a copy of praecipe to substitute verification (i have no idea what that is could someone explain to me what that is).

They want to remain in their home. They have children still living at home (16.14.9) husband was laid off. Wife works. They are waiting for a wrongful death lawsuit settlement. Husband is actively looking for a job. Husband is working 2 part time jobs plus doing odd jobs for elderly/young families in the community.

Any help from you all would be appericated. They do not have a computer. That is why I'm posting and helping.

From your posting, it appears that there may have not been a payment made since July 2008????. If that is the case, then a loan workout package may be the only hope, unless they have the cash to bring the loan current.

The praecipe to subtitute verification, basically is asking the court to render a decision, and is asking the homeowners what they are planning to do. Do they want the loan workout package or do they want to go ahead and foreclose on the property? (I think)

Something here is smelling very fishy as to why the initial case was dismissed by the judge. The attorneys for the mortgage company have since tried to fix what was wrong and clean up their mess. Maybe the title had not been transferred and filed to enable the foreclosure, or something along those lines. It appears that the first attorney was very good, and this couple should retain his services again, at least that is what I would do.

I would also file a QWR for all three mortgage servicers so that they can find out where the payments went, how they were applied, and uncover any mistakes along the way. They should also request all mortgage documents associated with the loan. They will have to file separately with each mortgage servicer.

Litton has long had a reputation as not being very good at loan servicing. There were also numerous violations with disclosing mortgages properly, and upon discovery of these violations, the only hope for lenders who bought these loans are to clean up the mess by offering loan workout packages so disclosures are clean going forward.

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