gwheelock915

QWR response from BOA 'declined'

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Bank of America had a lawfirm respond to our QWR. They barely made the 60 business days, but their response was less than informational.

The response had a printout of our account history (wrong of course) and a 2 line blurb on fees.

"The remainder of the requests contained in the Letter are declined as they seek documentation that goes beyond that which is available through a QWR under 12 USC 2605."

Our letter was incredibly detailed, and completely reasonable ie. why was our loan accelerated when we never missed a payment or why were we denied participation in a federal mortgage program on the basis that our loan was current, yet our loan was referred for foreclosure the following day? Why do you claim you are the creditor as opposed to freddie mac? Or why did your lawyers dun us for 10K more than we were sued for?

How should i respond?

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I will share what I learned concerning Maryland Bankruptcy court:

Go to the United States bankruptcy courthouse to file chapter 13 and that should place an automatic stay (ask the clerk). The moment you register, they cannot take your house. This will buy you time to get your thoughts together and if you decide not to go though with the bankruptcy, you can cancel it.

Ask the chapter 13 clerk to guide you to the right forms needed to fill out.

You can learn as you go and if you make mistakes on the forms, they will send them back for you to refill out and that buys even more time.

I understand Freddie mac to be the investor for the Federal Government.

They purchase your credit through BofA.

When they change your credit over to the paper dollar bills, they collect your paper dollars (payments) now containing value 'injected" into them through your time and labor.

In other words, your credit is changed into paper dollar bills with usage fees (interest), then when you make your payments, you are returning the paper dollars with value supplied by your time and labor.

This is my understanding of the true nature of a "mortgage", research so you come to your own conclusion.

If I was faced with your circumstances, I would want to know:

What was the loan?

What is the value of the loan that was given?

Was it money? what value does the money contain?

'Truth in Lending' states credit is changed over to dollars...

what type, Paper dollars or Silver dollars?

If your credit was changed over to silver dollars, you would have recieved a loan but if it was paper dollars, the loan comes from you in the form of your credit. Why do I write this? Because the paper dollars have no value until you work to create the value.

*Silver dollars, the value comes before (loan)

*Paper dollars, the value comes after (credit)

Was a loan given or was credit obtained? If they admit to credit and try to convince its the same as a loan, here is why its NOT the same:

*With a loan, the value comes from the loan.

*With credit, the value comes from the payments , not the credit

This is my opinion and my advice, not meant to create any unnecessary stress :|

Concerning an investor, what they purchase and invest in....

Your loan or your credit? Your credit is your loan --> to them.

*They purchased your loan...

*They purchased your credit...

See the similarities? Semantics.

If you have available credit, you have a job. If you have a job, you have the ability to work and create the value needed to be "injected" into the paper dollars so they will have value.

*No silver, no value.

*Time and labor, value.

If you can understand what I have shared, then understanding their actions becomes a little more clear.

*Also note, 'purchase' can indicate 'to take control of....'

Edited by machinebike

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Bank of America had a lawfirm respond to our QWR. They barely made the 60 business days, but their response was less than informational.

The response had a printout of our account history (wrong of course) and a 2 line blurb on fees.

"The remainder of the requests contained in the Letter are declined as they seek documentation that goes beyond that which is available through a QWR under 12 USC 2605."

Our letter was incredibly detailed, and completely reasonable ie. why was our loan accelerated when we never missed a payment or why were we denied participation in a federal mortgage program on the basis that our loan was current, yet our loan was referred for foreclosure the following day? Why do you claim you are the creditor as opposed to freddie mac? Or why did your lawyers dun us for 10K more than we were sued for?

How should i respond?

Seems like very reasonable requests to me.

They no longer get 60 days to respond. It is 5 days to acknowledge and 30 days to respond. Looks like you may have a start on your RESPA violations. A competent attorney can assist with such claims.

Some cases referencing the 5/30 day deadlines:

MOSARAH v. SUNTRUST MORTGAGE, Dist. Court, ED California 2012 - Google Scholar

IV. DISCUSSION

B. Plaintiffs' cause of action for "tortious violation of statute [¶] Real Estate Settlement Procedures Act [¶] 12 USC section 2607(b)" — Plaintiffs further assert a cause of action against all defendants for failure to respond to a qualified written request in violation of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601 et seq. "If any servicer of a federally related mortgage loan receives a qualified written request from the borrower . . . for information relating to the servicing of such loan, the servicer shall provide a written response acknowledging receipt of the correspondence within 5 days . . . unless the action requested is taken within such period." 12 U.S.C. § 2605(e)(1)(A). A "qualified written request" is correspondence that provides, or otherwise enables the servicer to identify, "the name and account of the borrower" and "a statement of the reasons for the belief of the borrower, to the extent applicable, that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower." Id., § 2605(e)(1)(B). Within 30 days, the servicer must provide the borrower with "a written explanation or clarification" of "the reasons for which the servicer believes the account of the borrower is correct" or "why the information requested is unavailable or cannot be obtained[.]" Id., § 2605(e)(2)(B), ©. Having reviewed the complaint in its entirety, the Court finds Plaintiffs have failed to allege facts sufficient to state a plausible claim upon which relief for a violation of RESPA may be granted.

Moore v. Federal National Mortgage Association, Dist. Court, WD Washington 2012 - Google Scholar

DISCUSSION

2. Real Estate Settlement Procedures Act ("RESPA")RESPA requires lenders and loan servicers to timely respond to Qualified Written Requests ("QWRs") from borrowers. Within 5 days of receipt of a QWR from a borrower, a lender or servicer must provide written acknowledgment. 12 U.S.C. § 2605(e)(1)(A).[5] Within 30 days after receiving a QWR, the servicer must provide the borrower with a written response that includes the information requested by the borrower or an explanation of why the information is unavailable or cannot be obtained by the servicer. 12 U.S.C. § 2605(e)(2)©.

Amini v. Bank of America Corp., Dist. Court, WD Washington 2012 - Google Scholar

DISCUSSION

A. Real Estate Settlement and Procedures Act ("RESPA"), 12 U.S.C. § 2605(e)RESPA requires lenders and loan servicers to timely respond to Qualified Written Requests ("QWRs") from borrowers. Within 5 days of receipt of a QWR from a borrower, a lender or servicer must provide written acknowledgment. 12 U.S.C. § 2605(e)(1)(A).[5] Within 30 days after receiving a QWR, the servicer must provide the borrower with a written response that includes the information requested by the borrower or an explanation of why the information is unavailable or cannot be obtained by the servicer. 12 U.S.C. § 2605(e)(2)©.

I would want to read the QWR section of RESPA and relative case law. They refuse to answer items that they should answer IMO. With BOA it will probably take multiple QWRs to get a dribble of information out of them. Like the good debt collector that they are they just wear people down until they give up. I always send stuff like QWRs via USPS CMRRR and save all green cards, envelopes and documents received, etc.

As for how I would respond: BOA's frivolous answers would always generate another QWR request from me until I get my answer.

Meanwhile I would consider trying to locate a competent attorney to discuss the bad behavior that has occurred and is occurring. If I was sued for foreclosure I would be be looking into a real party in interest objection. The fed rule is 17a and each state should have an equivalent. A competent attorney should be able to address the issue. If someone (BOA) doesn't know their Freddies from their Fannies their attorneys probably don't have a clue who the real party in interest is.

If I needed to file a BK and had an alleged mortgage... Being required to tell the truth (and from everything I have seen) I would of necessity put the mortgage down as a purported unsecured debt. Things are so bad these days with banks documentation I would probably need to list the home "creditor" as UNKNOWN to avoid giving false information to the BK court. These are strange times.

Then it would be up to the creditor to provide the BK court all the robo-signed documents they wish to prove up their claim under: "Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571." Penalty listed on BK B10 claims form dated 12/11.

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This is a typical response from BAC. Here is the catch, it is BAC that needs to respond to the QWR, not the law firm. I would write another QWR to BAC and state that the answers provided in the first QWR were insufficient.

I have had the same issues with Wells Fargo. I have sent them 3 QWRs and all they would send me is a print off of the payment history. After the 2nd QWR they do not respond, file a complaint with the CFPB and then see what happens.

I filed a complaint against Wells with the CFPB and they continue to send letters asking for more time to respond to the complant. If they do not respond, the CFPB will fine them!!

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I think there's a possible RESPA violation, especially since the law firm answered. I'd consider getting an attorney that specializes in RESPA

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OK everyone, I am going to tweak the QWR a bit and resend in a few days. Bank of America has been incredibly helpful since our loan negotiator from the state mediation department has not returned one of our phone calls in the past month, even though we've made about 50. The court mediators may very well toss this to the judge, since the mediators simply asked me to 'do everything possible, within reason' to reach a resolution to the matters of dispute.

Executive customer service denied a loan workout agreement at the same time the qwr came back (suspicious). They grossly understated our income (by about 50%) and grossly overstated our debt levels (by about 35%). Seems convenient. $3100 of income vs. $3300 of debt.

The qwr came back from blank and rome in philly. Surprisingly, I don't see a lot on the web about such circumstances where this law firm responded or that a lawyer sent the response in general.

In addition to the issue of the now seemingly late response by BoA, they also did not acknowledge within 5 business days though when they did, they stated that they would need more time to provide us with a detailed analysis of the items in dispute. Some detailed analysis they sent us.

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Wouldnt reply to a QWR because of information going beyond....

Sounds like a nice way to write "cannot respond out of fear of being exposed...."

Notice they place more importance on the documents and little to no importance on the family behind the documents? They beileve if they follow what is legal, they can ignore what is lawful when it should be the opposite...the family should be placed before any document. This inidcates their true agenda.

So mayber instead of a QWR , maybe a NLR (Natural law request) document exists somewhere that requires them to answer truthfully.

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Nice job!!

You've got some violations here...let's run through them one by one:

#1 - I think you've also got an FDCPA violation here on the part of the law firm. Thry dunned for $10k more than owed, a nice 1692e violation. I'd consider suing them for that.

#2 - BofA - RESPA violation... they can't/won't itemize fees...

#3- Law Firm - RESPA - they replied not BofA. If memory serves, only the loan servicer can respond.

At this point, if you have not spoken to an attorney- I would do so ASAP. Otherwise send a nice meet and confer pointing out everything and ask for a dismissal and cancellation of the loan - with reconveyance.

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In what I would call a shame, the judge denied my motion to dismiss today. It was a mtd on the basis that the lawfirm did not attach 2 of the exhibits to the complaint that was served upon us.

 

The lawyer, predictably, argued that the copy they had, as well as the one the judge had contained all of the exhibits.

 

When the judge gave me my 30 seconds, I replied that counsels argument was irrelevant as they could not possibly know what certainty what was attached to the document, and if they were really prepared to argue this out, we should come back in 2 weeks and allow testimony of the stapler document gatherer person at the law firm and my wife.  

 

The judge said, Hmmm, Counsel, give mr gwheelock your complaint. Motion denied, 28 days to answer.

 

On a side note this motion added up to a 4 1/2 month delay in the proceedings. Still not bad.

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So answer now and deny everything... and at the same time, file suit against the law firm for the unexplained $10k difference.

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In what I would call a shame, the judge denied my motion to dismiss today. It was a mtd on the basis that the lawfirm did not attach 2 of the exhibits to the complaint that was served upon us.

 

The lawyer, predictably, argued that the copy they had, as well as the one the judge had contained all of the exhibits.

 

When the judge gave me my 30 seconds, I replied that counsels argument was irrelevant as they could not possibly know what certainty what was attached to the document, and if they were really prepared to argue this out, we should come back in 2 weeks and allow testimony of the stapler document gatherer person at the law firm and my wife.  

 

The judge said, Hmmm, Counsel, give mr gwheelock your complaint. Motion denied, 28 days to answer.

 

On a side note this motion added up to a 4 1/2 month delay in the proceedings. Still not bad.

 

 

In your MTD, did you state what statute the plaintiff violated?  The judge really does not care what a party did wrong.  He only cares what laws or regulations were violated and the movant must state this clearly in your motion.  For example:  "Plaintiff violated NY 603.61(5)(1)(a) when plaintiff failed to attach the blah blah blah to the complaint."  If you failed to plead in this manner, then that's why the judge ruled against you.  If indeed there is no statute that requires such attachments to the complaint, then that's another reason why he would have ruled against you.  It might be those documents must be obtained via discovery.  In my state, neither the note nor the mortgage must be attached to the complaint.

 

Also, did you include your affidavit swearing to the fact that the attachments were missing.

 

I was curious to read where you said, "When the judge gave me my 30 seconds, I replied..."  If you were in court to argue YOUR motion, then you should have been the party to speak first.  And the plaintiff should have replied.  It may be a trivial point, but it goes to show how the court takes advantage of us when we aren't represented.  The judge wouldn't have done that to your attorney.

 

They say the most common reason why pro se filers lose in court is because we fail to comprehend the rules.  We may have valid issues, but our pleadings fail and the judges stand ready to pounce on us when we don't cross our t's. 

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Our motion was rock solid, and pointed out 2-606 in ilcs that the contract was not attached to the complaint, and also cited the imfl (illinois mortgage foreclosure law) that the mortgage and note were in absentia. The judge was a substitute, which doesn't really matter since the trial judge doesn't seem like he's the nicest robe wearer I've ever seen. Intimidating, actually. That's ok, he doesn't get to me.

 

We filed a verified answer to the complaint, and denied many, not all of the allegations. General denials do not do well in Illinois chancery courts. Without going on, the complaint was smartly, and truthfully answered. Our legal rights are preserved. We also issued 5 affirmative defenses. BoA filed a motion for additional time to respond in February, then noticed that one up for hearing last week. That would have given BoA until mid April to answer.

 

I talked with their lawyer outside, who agreed to strike the motion, and allow me 4 weeks to amend my answer and assert counterclaims (well if I have any). Of course I do.

 

We have a follow up hearing set for mid-may and their response to our affirmative defenses, and counters will not be received until at least July. That means that without much effort I would have successfully stalled the answering portion of the complaint for 12 months. Amazing.

 

In the meantime, the bank keeps sending me letters. The government asked bank of america why they are taking well beyond the required timeline to review an appeal (since october). Bank of america responded that the appeal was denied, without reason. The same guy who wrote that letter called me today and told me that the appeal is still under review. Really? I have also received 2 letters from the bank since the denial letter that the appeal is still under review. Marvelous. The consumer fraud act is looking like a viable counterclaim at this point. And breach of contract. And trespassing. And IIED. 

 

As far as the law firm is concerned. They will be dealt with. As Admiral Ackbar once said "IT'S A TRAP!!!"

 

I don't demand or expect respect for me personally, especially as a pro-se in a court setting. I do, however, demand respect for the truth and the law. Justice does too.

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Regarding this comment by B of A:   "The remainder of the requests contained in the Letter are declined as they seek documentation that goes beyond that which is available through a QWR under 12 USC 2605."
 

I have read cases where the borrower lost the RESPA case because the borrower failed to describe any dispute.  The court ruled that the QWR is not intended as a Q and A session.  Perhaps this may be the case here.

 

I totally disagree with the proposition that a QWR is only meant for disputes.  The statute states:  ".....includes a statement of the reasons for the belief of the borrower, to the extent applicable, that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower."

 

Here is a case to read.  It involves RESPA, the QWR and Bank of America:

 

http://scholar.google.com/scholar_case?case=13480544412638219535&hl=en&as_sdt=2,31

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Update:

 

File our amended verified answer with six affirmative defenses and three counterclaims. 13 pages in all. That should keep them busy for a couple of months.

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Update #2

 

Dropped a class action FDCPA bomb on counsel for bank of america. Counsel requested 5 weeks to respond to our affirmative defenses and counterclaims, however, counsel said the time is primarily to wait for bank of america to find replacement counsel, as they are withdrawing. As of today, not a peep from them or bank of america.

 

I continue to call and write bank of america to harp on them for all the bad things they've done. They apparently sent me numerous letter and documents over the past 2 weeks, but I havent received one of them. Interesting to note is my phone call yesterday was met with we cannot speak to you. Good luck to you.

 

I was given the phone number of someone in the 'mortgage resolution team.' She said the case is now being handled by inside counsel and they are reviewing our filed counterclaims. She wasn't happy to hear from me for sure (surprised), and after a quick google search, she is a paralegal in TX for boa.

 

More to follow.

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gweelock,

 

I am just curious, what county are you in?  I ask because I used what I got from these forums years back to fight my foreclosure.  They denied a mod, I looked into things, saw they couldnt prove ownership and said lets fight.  Case was filed by them in the beginning of 2010 and still going. I had some similar responses as you did to my motions from judges.  The judge denied my MTD with 6 case law examples. What I have gotten from many lawyers in my area is that Judges will never rule for defendant in a MTD a foreclosure, 

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Update 6/19/2013

 

A major law firm has filed an appearance for Bank of America and motioned for additional time to respond to our affirmative defenses and counterclaims. Today we received an email from one of the lawyers letting us know they will seek at least 90 days. I have been in contact with them and they seem much more reasonable than the foreclosure mill we had been dealing with previously.

 

Case filed 7/27/12....lets keep it going

 

To be continued...

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Yes I did, and in fact emailed one of their press people who has been doing a lot of the rebuttals. I included many one liners from the documents they have sent us over the past 18 months. They are so clearly contradictory, and patently false, I have no idea how bank of america will be able to file a credible affidavit in our case.

 

The bank called me 2 days later and asked me if I wanted to talk about anything. I said nope, not really. You know where I stand.

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