This is a sample of a “Qualified Written Request” (starting on the page below) under Section 6 of the Real Estate Settlement Procedures Act (RESPA)
You may bring a private right of action under Section 6, if you suffer damages due to the lenders servicing of the loan. See RESPA statute and regulations.
Your mortgage servicer must acknowledge your complaint within 20 business days upon receipt of your QWR. Be sure to send this letter as certified mail with a return receipt.
Be sure to inquire about the Independent Foreclosure Review that you are entitled prior to your lender foreclosing. You must apply on or before July 31, 2012
QUALIFIED WRITTEN REQUEST (QWR)
City, State & Zip
Lender/Mortgage Servicer Name
City, State & Zip
RE: Loan No:
To Whom It May Concern:
This letter is being written to request itemized accounting and accurate records of the mortgage servicing of my loan account. In addition, I would like to clarify all charges, debits, credits, transactions, escrow accounting, payments and records related to the servicing of my loan from origination to date.
I am disputing the validity of the loan balance and supporting documentation that was rendered to me by various documents that was recently delivered to me by mail. Upon receipt of this letter, please refrain from reporting negative information to all credit bureaus until a resolution has been concluded by (name of the Lender/Mortgage Servicer) and me.
This is a” Qualified Written Request (QWR)” under the Real Estate Settlement and Procedures Act, codified as Section 2605(e) of Title 12 of the United States Code and Reg. X Section 3500.21(e)(1). In accordance with RESPA laws, substantial penalties and fines for non-compliance or answers to my questions listed below should be delivered to me in a written format within 60 days. However, by law you must acknowledge receipt of this QWR within 20 days.
Please deliver all relevant documents, disclosures, applications, promissory notes, assignments and transfers, riders, contracts, deeds of trust, each and every fee related to the loan, and any other documents that are relevant and in question as to its validity.
Please answer the following questions supported by relevant documents as needed:
1.) A complete copy of my original loan underwriting file, as it was initially submitted to the lender
and all closing documentation with disclosures, eg., TILA, GFE,
2) Copies of all documents I signed at closing for this loan.
3) The name of the current mortgage holder, investor, beneficiary, trustee, investor and legal mortgageholder with their name, address, city, state, zip code and email address.
4) The current interest rate on this account and the index used at time of origination with lenders increased profit,
5) The adjustment dates of each interest rate adjustment on this account, with the corresponding adjustment amount
6) Who the current holder of the mortgage/deed of trust is, and their mailing address for process of service, alongwith a current telephone number.
7) The date that the beneficiary acquired this mortgage and from whom it was acquired.
8) The date your Company began servicing the loan.
9) The previous mortgage servicer of the loan.
10) The monthly principal and interest payments, and monthly escrow payments received from the date of the loan’s closing to the current date.
11) A complete payment history of how the payments were applied, including the amounts applied to principal, interest, escrow, and other charges; Please provide amortization schedules from beginning to current date.
12) The total amount due of any unpaid principal, interest, escrow charges, and other charges due as of the date of this letter. Please separate and identify each amount due.
13) The total amount of principal paid on the account to current date;
14) The payment dates, purposes of payment and recipient of any and all foreclosure fees and costs that have been charged to my account;
15) A breakdown of the current escrow charges showing how it is calculated and the reasons for any increase within the last 24 months;
16) A breakdown of any shortage, deficiency or surplus in our escrow account over the past three years.
17) A breakdown of all charges accrued on the account since the date of closing, that includes but is not limited by, late charges, appraisal fees, property inspection fees, forced placed insurance charges, legal fees, and recoverable corporate advances.
18) A statement indicating which covenants of the mortgage and/or note authorize each charge.
19) All letters, statements and documents sent to me by agents, attorneys or representatives of your Company.
20) Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by me or by others on the account.
21) Please provide a copy of all appraisals, property inspections, and risk assessments completed for this account and the names of your inspectors/appraisers.
22) Please provide a copy of all trust agreements pertaining to this account.
23) All electronic, transfers, assignments, sales of my note, mortgage, deed of trust, or other security instrument
24) Please provide a copy of all written loss-mitigation rules and work-out procedures for this account.
25) Please provide a copy of all manuals pertaining to the servicing of this account.
26) Please provide a copy of the LSAMS Transaction History Report for this account, and include a description of all fee codes.
27) If this account is registered with MERS, state its MIN number.
28) A statement indicating the amount to pay this loan off in full as [pick date about 30 days after this letter is dated.
29) Please deliver all escrow analyses conducted on my account from origination to current date.
30) Accountability and explanation of all late fees, foreclosure fees, penalties, foreclosure costs, attorney fees, with amounts and names of persons paid to along with their address and phone numbers.
31) The names of all affiliates and associates your company is associated.
Your earliest response and compliance with RESPA laws codified as Section 2605(e) of Title 12 of the United States Code and Reg. X Section 3500.21(e)(1) would be greatly appreciated.
Thanking you in advance,