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

By
Services for Real Estate Pros 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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Anonymous
Anonymous
Sean

20 days to respond and 60 days to address those are business days so it's really 4 months, also by law once they recieve your QWR they are not supposed to report late or no payments to the credit reporting agencies, but don't bet they comply with either. But if they don't in the long run that actually works in your favor. Make sure to send several QWR letters, to the servicer and lender, and have a forensic loan file audit done professionally. Do these things and you will be on your way to ngetting a good loan mod. 

Feb 13, 2009 08:00 PM #2
Anonymous
Anonymous
shaina langston

Hello, we are victums of preditory lending  for sure.  We were 3 months behind and then paid March.  Now we would like to do a qwr, and have already begun a forensic loan audit.  Should we pay April?  Will we go into forclosure after we send in the qwr?

Apr 02, 2009 11:42 AM #3
Anonymous
Anonymous
KEN

We sent them a QWR which they received on March 16th. Todate they have not responded. In fact we are currently in Chapter 7, we received a notice they have filed for a release of stay. We have been trying to work with them to modify our loan for months and they are dragging us on. Now it looks as though they wish to proceed with foreclosure. I am baffled with this as we were a great customer until my business failed and all the debt left from that set us back. Makes no sense to me that in this market they would rather take a huge loss then try and work with the borrower. I am speaking of WAMU now JP CHASE MORGAN.

Apr 15, 2009 11:22 PM #4
Anonymous
Anonymous
Kelly

Will a QWR stop the foreclosure proseedings? My lender BofA via CW filed a NOD Aug 3rd. They have refused to offer me a mod several time.

Sep 02, 2009 01:17 PM #5
Anonymous
Anonymous
Val

We are currently working on a loan modification through a law firm. After the QRW has been submitted, by law can they charge late fees for a late payment, or require payment while under the judicial umbrella?

Sep 16, 2009 11:40 AM #6
Anonymous
Anonymous
jeff

My friends husband died and she does'nt live in the house.  Unfortunately it was in both thier names so she is facing foreclosure and cannot move back into the house.  What can she do to keep it and refinance or buy time to resale it so she does not ruin her credit.   

Dec 31, 2009 05:36 AM #7
Anonymous
Anonymous
snna

I mean, most of this is ridiculous. So everyone just wants to stall and keep their credit in good standing while not paying for their homes? This is just resulting from selfishness and greed because people wanted to live beyond their means. No, a QWR might temporarily stall foreclosure and even credit reporting, but as long as everything is in order , the lending companies have a right to report you late and foreclose. If you cannot afford the home you are in, get out. It is a material asset, not a God given right to own a home. Stop making excuses, everyone. Look at it this way, if you haven't made a mortgage payment in several months, don't whine about foreclosure, you just got several months of free rent.Most landlords in most states have the right to evict at 10 days late. I think that people think they are entitled to so much these days, they don't see the forest for the trees. These are ridiculous tactics to stay in homes you can't afford, rent a house or buy a cheaper one. Hard times call for hard measures. And no one is entitled to a loan modification. You borrowed the money with these terms, now pay it back. And fair market value shouldn't even be an issue. If you borrow money from a friend and buy a purse, for  example, and two years later you tell your friend that you don't want to pay them all of the money that you borrowed back because the purse isn't worth what it was when you bought it, that would be insane. And unacceptable. So why is it acceptable to assume that you are entitled to modifications and principal balance reductions?

Jan 06, 2010 09:49 AM #8
Anonymous
Anonymous
Responds to Crazey block heads

Yeah some people are irresponsible with money and should'nt be given a loan.  Your examples are off point, insane and unacceptable.  Maybe you got screwed in the mortgage industry, and no one is bailing you out.  Complain to the government and not the victims of the mishap mrtgage scandals and wasted bailouts. 

Dont you realize not everybody in this crises caused the perdicaments they are in? 

Ok snna when you get hemmaroids maybe you dont cry out in a blog for a softer seat or complain about the bumpy roads, just sit there and take it.  Better yet get your lazy end up shake off the pain and walk.    Some times the people get swindled by a real pain in the ass like a lawyer that does'nt raise a finger to help a widow and her child, but he wants the money.  Are you one of those loan sharks and legal vultures hanging around peoples misfortune and waiting to profit from it.  What are you doing about the corruption?    

Be happy that you dont need a box of preparation H.  Dont blame people who are taking it in the rear through no fault of thier own.         

Jan 06, 2010 11:56 PM #9
Anonymous
Anonymous
snna

Actually crazey, I am not heartless, and I actually am a responsible homeowner and mother of 7 children. And have never had a lazy bone in my body. I have made mistakes of course, everyone has. But, I did lose my job last year and went from making 60k to $8 per hour as a telemarketer for several months. The thing that is getting on my nerves is that I keep hearing that because of this situation, people think that their mortgage ought to be adjusted to reflect their income, and that is ridiculous. You may have to downsize, and your credit gets to be ruined, that is how the system works, and there shouldn't be exceptions. Yes, there was predatory lending, but also idiotic buying. If you can't do simple math, you shouldn't buy a house. If you buy a 500k house, you won't be paying 1300 per month forever. My point is that most of the people on here are using QWR's to stall foreclosure, and that is not what they are for, and it will not work. I am not a loan shark and I don't believe that people take responsibility for their own lives as often as they should.

Jan 07, 2010 08:28 AM #10
Anonymous
Anonymous
Anonymous


so if you are all claiming to be victims of predatory lending, great, leave the house and the loan behind. but you should definetly have to move, houses aren't free.

Jan 07, 2010 09:45 AM #11
Anonymous
Anonymous
Alexander Whitaker

Well, I disagree with snna's response.  Many people bought a house they couldn't afford because they thought they would be priced out of markets.  Banks wanted this frenzy because they closed loans and racked up interest payments on way overpriced properties.  The more the prices went up, the more they stood to gain.  Young couples frantically bought homes because they felt in 5 years they wouldn't be able to get in.  People fighting them at their own game will save more homes and keep the price of houses (and the economy for that matter), from falling further.   These banks closed loans at break neck speeds, many of them using bad business practices.  They have cashed out, folded and taken their rewards from the people.  Let them hire the appropriate legal staff to make sure they did what was right.  Maybe next time, they'll be more careful in how fast they process paperwork and hand out a loan.   

Alex

Feb 17, 2010 10:57 PM #12
Anonymous
Anonymous
snna

Regardless of rather or not banks wanted this "frenzy" as you call it, these young couples had no gun to their head. And most people bought what they absolutely knew they couldn't afford, just because they were allowed to. These idiots who bought beyond their means should absolutely have to downsize to a home they can actually afford, not get a reduction in what they owe, etc. of course properties were overpriced, it's called the housing market, it goes up and down. QWR's are just stalling foreclosures that need to happen, because homeowners are thinking it is acceptable to not make payments on their homes for years, not pay their taxes, insurance and other fees, yet they want to keep the house. get a life, a job, and some moral values. There is no God given right to a home, if you can't afford it, as stated above, MOVE OUT!

Apr 20, 2010 07:58 AM #13
Anonymous
Anonymous
MLC

Heres the thing.......as specialists and professionals in their industry, brokers and loan officers were paid well (and trusted) to look out for the barrower and cover their ______s. That is why they are there, their purpose and what they were paid for. Then there were the underwriters, a double check and quality control measure to insure a successful agreement. These trusted professionals intentionally took advantage of their power knowing they could walk away scott free and unscathed. Get this: A mortgage broker back in 2007 whom has the right to manage hundreds of thousands of other peoples dollars needed less training, credentials and licensing than a hair stylist. Would you let the hair stlist assistant manage your assets, future and invest your say $300,000?? This is about justice, professional standards, morals and taking resposibility for actions. There are definately some innocent home owners out there that are suffering due to the dishonesty, sheer deception, and completely out of control criminal behavior of that industry. Personally, I'm ready to let go of my house but I am not ready to hand it to the criminals on a silver platter after the hell they have put me through. I'm filing every paper, cogging every wheel, tying up every phone line and confusing every representative with multiple requests at the same time. I refuse to give up, shut up, let up or slow up until they squeeze the last bit of fight out of me because...........because it's my right....my right to question and even though I don't believe in justice, I'm within the laws to do this.

May 24, 2010 12:26 PM #14
Anonymous
Anonymous
NOTW
depends how one looks at a situation. 1. the entire banking system made a big mistake. in their hustle for gain from transactions, in many cases, the bank never secured their property rights. the MERs did not either, and the loan was sold to another investor, and another 100x over. 2. the bank has no right to your property, the loan is UNSECURED. the QWR asked for proof of title, go after that. the bank cannot prove they have property rights. 3. it is the banks that are screwing you, and covering their mistakes. you will need to pay taxes on the loan as other income, and that can be about $150k in taxes on $500k loan. However, you can always get a new loan on YOUR house and pay the taxes that way.
Dec 04, 2010 08:11 AM #15
Anonymous
Anonymous
Bruce Selin

The QWR is a viable option for some people. However, what you neglect to tell people is the a QWR must actually state specifically the TILA?RESPA violations and/or errors in your account/payment history which you are disputing. It only applies for 1st mortgages. There are simply too many novices and shysters out here telling people "pie in the sky" BS. For example, contrary to what Jamal tells you, a QWR does not stop foreclosure. Even more importantly, it does not negate your responsibility to pay your mortgage.

"In establishing procedures to comply with RESPA’s QWR provisions, banks should keep in mind that, contrary to some claims, the QWR process does not require a lender or servicer to stop foreclosure proceedings or other legal action on the loan. 

(See 24 C.F.R. Section 3500.21(e)(4)(ii); see also Webster Bank v. Linsley, 2001 Conn. Super. Lexis 2407 (Super. Ct. 2001) (holding that “RESPA violations do not discharge mortgage debt and provide no defense to mortgage foreclosure.”);Security Pac. Nat'l Bank v. Robertson, 1997 Conn. Super. LEXIS 2306 (Super. Ct. 1997) (holding that “a violation of RESPA, however, by the terms of the act, does not invalidate the mortgage agreement and thus, does not provide a defense to a foreclosure action.”)." from http://www.ababj.com/briefing/scare-mail-beware-of-qwr-s.html

Man, I understand why consumers don't know this stuff, but come on Jamal, to call yourself a foreclosure expert and then be so uneducated. You're not helping and may actually be hurting people.

Feb 09, 2011 12:19 AM #16
Anonymous
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!

 

 

 

Mar 09, 2011 05:02 PM #17
Anonymous
Anonymous
Rico Pearson

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

Mar 10, 2011 03:57 AM #18
Anonymous
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.

Jun 01, 2011 09:09 AM #19
Anonymous
Anonymous
Lisa G

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

Jun 02, 2012 10:05 PM #20
Rainmaker
78,087
Steve Vondran
The Law Offices of Steven C. Vondran, P.C. - Newport Beach, CA
Real Estate Lawyer

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!  

Jul 16, 2013 11:47 PM #21
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