SAMPLE QWR - Qualified Written Request - Stop Your Foreclosure If You Have Been A Victim of Predatory Lending

By
Real Estate Services with Realty One Group CA DRE# 01945182
http://actvra.in/bm7

I am attaching a Sample of A QWR. As a foreclosure specialist specializing in stopping foreclosure for my clients, I wanted to provide realtors with a sample of a QWR.

 

Subject: Loan number xx
My Name & address

To Whom It May Concern:


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, addendum to the note for the interest only payment period, Truth in Lending statements, Good Faith Estimate (GFE), HUD 1, appraisal, and all required disclosures and rate sheets associated with this transaction for the above referenced loan. The copies should be legible and all documents shall be copied in their entirety.

(2) A copy of the life of 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.

I have reason to believe that the loan terms were misrepresented to me at the time of application and further obscured and/or modified prior to signing. I believe that my income was inflated on the application, and that the property appraisal was similarly falsely inflated. I also have reason to believe that certain statements were not provided for my approval prior to closing, and that signatures may have been forged on various documents. Additionally, I believe that a notary was not present to witness my signatures on several pertinent documents.

I started the process of trying to renegotiate this loan in XXXXXXXXXXX when I spoke with XXXXXXXXXX in your Loss Mitigation department. I faxed a letter of hardship, along with bank statements and pay stubs as well as a hardship letter as he recommended. After many follow ups on my part, XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX those were his words exactly! His reason was never really quite clear!

The customer service provided to me has been less than adequate let alone just plain rude.

Let this letter serve to document my request to have my communications responded to in a timely manner.

I can be reached at (my phone number) whenever a customer service representative wishes to contact me. My email address is blahblahblah , and is the best way to contact me.

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.

Sincerely,


My signature

Posted by

Jamar James

Realty One Group

4010 Barranca Parkway Suite#120

Irvine, CA 92604

949-783-2400 Office

949-203-3907- Cell

949.861.6567 Fax

jamar@realtyonetopagent.com

www.RealtyOneTopAgent.com

License No# 01945182

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Location:
Arizona
Tags:
arizona predatory lending
mortgage fraud assistance
predatory lending
qwr
qualified written request

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Anonymous #17
Anonymous
mick patriot

Many of these foreclosures are direct result of the banks greedy bending of the rules to get unqualified people loans they could not afford but sold it with the 'you will be able to refinance in a year when the value of your property goes up' which did not happen.  In fact values went down and now the people holding these notes can not handle balloon payments or increased payments.  The bank executives made millions hedging their bets or knowing the loans would fail and betting on it. Insider trading.  Illegal!  But the government bailed out the banks with the tax dollars of those in foreclo  sure??  But the banks refuse to modify the loans or work with the 'moral hazards'!  Even though there are government assistence programs to assist in these modificaions banks refuse to use them. 

So I will use QWRs and every other tool in the box to fight the bank!  My bank Wells Fargo is particularly evil, falsifying numbers,misrepresenting the facts and committing fraud and slander in the process of proving why I do not qulify for modification!  The CEO of Wells Fargo made 53 million dollars last year.  My business is recovering and I am not asking for any handouts or write down of principle I am asking for a loan modification that would give me time to recoup.  Since the government set aside money for this (for me) and gave the bank TARP funds to save their ass!

Which wells fargo is crying it can not afford to repay. Sounds like us in foreclosure!

 

 

 

March 09, 2011 05:02 PM
Anonymous #18
Anonymous
Rico Pearson

I recently filed a QWR with my mortgage company 3 days before foreclosure and the foreclosure proceedings were stopped.

March 10, 2011 03:57 AM
Anonymous #19
Anonymous
Jere Douglas

I have filed a QWR with the mortgage servicer for my loan and have yet to receive any communication from them.  The foreclosure sale is still scheduled for next week and I do not trust even this with the bailed out financial institutions in the United States.  The TARP Funding has gone into the coffers of the financial institutions themselves with no intent of using them for the purpose they were intended.  That is theft and fraud to me.

June 01, 2011 09:09 AM
Anonymous #20
Anonymous
Lisa G

What is the next step after QWR,  to delay the forclosure  avoid  sherifs eviction & Unlawfull detainer?

June 02, 2012 10:05 PM
Rainmaker
71,301
Steve Vondran
Real Estate Lawyer
The Law Offices of Steven C. Vondran, P.C.

Great post, people need to keep an eye on their loan servicers.  One friendly tip and general advice is to make sure when you send in a QWR you raise a specific accounting or billing dispute(s) and provide any documentary evidence of your dispute and any attempts to resolve the dispute.  If not, the lender may not treat it as a QWR.  We see this happen all the time.  Best of luck everyone!  

July 16, 2013 11:47 PM
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Rainmaker
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Jamar James

Expert Marketer, For All Your Real Estate Needs
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Additional Information

Foreclosures, Distressed Sellers, Discounted Properties... For Buyers. Quick Sales, Highest Priced, Solid Offers... For Seller's Online marketing and real estate specialist. I connect buyers and sellers. Orange County, Southern California Maricopa County, Phoenix Arizona!