The Mother of all QWRs-Guaranteed to Make 'Em Squirm and Sweat Buckets!

faith

LoanSafe Member
Feb 1, 2008
973
9
0
California
Faith,

Thank you for the “other side” of the picture, it opens my eyes a bit more to the whole scenario. I’m bothered to a great degree about the validity / harassing side of the QWR as considered by the banks in your second post and here’s why. After reading the first one posted by “Manic” I found myself embraced in many aspects correlating with abuse accorded to us in a “third party” way that I may not be able to prove from the validity stand point of you post.

On the Friday night we signed our loan papers, approx. 7pm. the escrow agent held in her hands a stack of documents for each transaction (1st and 2nd) which I estimated to be at least (I’m in construction) 6” high for the 1st, and 3” high for the 2nd. The time spent signing and initialing took 1hr. and 45min. With each document we signed or initialed, she inserted each one in some sort of order within each of these stacks, in other words this was Not a page by page filing of a debt instrument. There was “filler documentation” between each one that we executed.

When asked for full copies of all documents, she made an excuse as to why it couldn’t be done that evening and we directed her to a copy store not far from our residence that I knew would be open at that hour, she later called after more than an hour and said the store was closed when they arrived and our “copies” would be delivered the next day, Saturday, before noon which they did, in-part!

We Did Not receive the entire “stack” of documentation. What I have in my hands today is close to 1” on the 1st, and ¾” on the 2nd. So I must ask what happened to that 9” stack of paper and what was in it!??

So what was I unknowingly doing, signing my life away to invest bankers, brokers and securities firms…..Why Can’t I Ask for This Information in a QWR???

Who is Covering for Who…..

Gary
Good morning Gary,
You should call the lender and the title service company to tell them of their TILA violations. The loan documents must be notarized by a Notary Public and it must be done in your presence. You have 3 days to back out from the day it was signed. You should get a copy of everything and must ask a copy for everything the day you signed the loan documents.

The way you describe how the papers was switch around I am afraid that could be called bail and switch. I do not recommend signing a loan documents in the homeowners house where there is no access for a copy machine. Actually, a good, honest, reputable and organized Title Company who send their employee to your house to have a loan documents signed by you must have two employees, one a Loan Officer and a Notary Public and has already a separate copies of all the documents that you signed so they can give your copy asap . Any loan documents must be notarized in your presence with a Certified Notary Public.

The link below may answer your question, copy and paste to your browser:
http://www.loansafe.org/forum/loan-safe-lounge-anything-goes-here/13382-straw-buyers-other-mortgage-scams.html

http://www.loansafe.org/forum/predatory-lending-mortgage-law/123-predatory-lending-question-2.html
(click the 2nd page)

Hope this helps.
 

ManicMangaManiac

LoanSafe Member
Jan 10, 2008
604
5
0
The way you describe how the papers was switch around I am afraid that could be called bail and switch. I do not recommend signing a loan documents in the homeowners house where there is no access for a copy machine. Actually, a good, honest, reputable and organized Title Company who send their employee to your house to have a loan documents signed by you must have two employees, one a Loan Officer and a Notary Public and has already a separate copies of all the documents that you signed so they can give your copy asap . Any loan documents must be notarized in your presence with a Certified Notary Public.

The link below may answer your question, copy and paste to your browser:
http://www.loansafe.org/forum/loan-safe-lounge-anything-goes-here/13382-straw-buyers-other-mortgage-scams.html

http://www.loansafe.org/forum/predatory-lending-mortgage-law/123-predatory-lending-question-2.html
(click the 2nd page)

Hope this helps.
Faith,
I have a question regarding what you told Gary above. I refinanced my home back in December 2006 with Option One Mortgage and I had to sign the accursed loan documents not once, but THREE times, all three times in my house. Only one person was present each time. One time it was the broker herself, and the other two times, it was a notary public from the title company.

You mentioned that two employees from the title company should be present in the borrower's home at the closing, correct? If that is true, is it a violation of law to have just one employee from the title company on hand? Under what law(s) does that fall, and what is the penalty for this? Thanks for your answer--
Sally
 

faith

LoanSafe Member
Feb 1, 2008
973
9
0
California
I have a question regarding what you told Gary above. I refinanced my home back in December 2006 with Option One Mortgage and I had to sign the accursed loan documents not once, but THREE times, all three times in my house. Only one person was present each time. One time it was the broker herself, and the other two times, it was a notary public from the title company.

You mentioned that two employees from the title company should be present in the borrower's home at the closing, correct? If that is true, is it a violation of law to have just one employee from the title company on hand? Under what law(s) does that fall, and what is the penalty for this? Thanks for your answer--
Sally

Sally,
I'm sorry for the confusion.

Documents require notarization to deter fraud. To help protect the legal rights of the persons whose signatures are being notarized. It is the legal responsibility of the notary, serving as an impartial witness and public official, to ensure that the signers of notarized documents are indeed who they claim to be.

Many affidavits, real estate deeds, loan documents, powers of attorney, and other types of documents must be properly notarized to become legally binding. Most Loan Documents are Electronically transmitted from lenders to Escrow or Attorney’s Offices who then attached support documents such as disclosures, HUD, Estimated Settlement statements and any demands, then forward these documents electronically to Loan Signing Company.
<O:p
In other cases the Bank or Lender or Closing Company sends the Loan package overnight tobe arranged to have these documents notarize. The Loan Signing Company will then print out all the Documents, Originals and complete set of copies for your records and backups just in case of error in signing. They then arrange to meet with you to assist you the proper executions of each document, notarize the documents that are needed. The Loan Signing can also be done in the Title Company’s office but sometimes to save time and money the title company use one of their employees who is also a Notary Public. The broker you've mentioned maybe a Notary Public and so are the other ones sent by your lender or the title company.
<O:p

For your information only.
 

inmyview

LoanSafe Member
Sep 23, 2009
55
1
0
Petaluma, ca
Wow, lots of great info here! Thank you all and bless you for sharing your valuable knowledge. Since finding this site a week ago it is all I can do to get away from the computer.

You are all angels!
 

kbspots

LoanSafe Member
Sep 24, 2009
111
1
0
ohio
WOW!. I might have to go buy a few new ink cartridges for the printer! Hopefully that will keep them satisfied for 10 years or so finding all the information requested. :D
 

exclusive1000

LoanSafe Member
Jan 29, 2009
19
0
0
How does a Qualified Written Request , like this one, help with a mortgage modication ?
We are 4 months behind on a Chase Jumbo loan.

We have been in contact with chase and are getting our docs
together to send to them.

We are interested in getting a modification for our 1st and 2nd both with chase. We would like to stay in our home.

Do you think sending this QWR will help our chances or hurt us ?

And what would sending this QWR do to the foreclouser process ?

By the way we are about 400k upside down in our house with the current
real estate market in So Cal.

Thanks
 

drraz

LoanSafe Member
Mar 19, 2009
77
0
0
Also, can the QWR help if I am already in foreclosure? No sale date, been trying to work with Wells Fargo since October of 2008! You cannot even believe how many times I have faxed all the required paperwork to get a loan modification. Only to check in with them to say the request is expired and I have to send in everything all over again.

That is EXACTLY what happened to me with Wells Fargo. "OK yes we have all your modification application documents, we will let you know in 30 days." But 30 days later, they say, "Oh sorry, your docs are more than 25 days old, which means they are outdated and invalid. We will need updated paychecks, bank statements, etc, and you can start the process over again..."

I played that BS game for a year. I can't believe the govt doesn't hold their feet to the fire after giving WF all the money they got.

Anyone know what the mailing address for Wells Fargo is when sending the "Qualified Written Request" ? I'm sure we don't send it to the same place where payments are collected.

I too am wondering what address would be best for ASC or Wells. As I understand it, it has to go to the servicer, which would be ASC, right?
 

caldwell02

LoanSafe Member
Jan 30, 2010
2,491
18
0
70
Be prepared for what you are going to do if/when they either don't respond to your QWR or they give you something inadequate.

I contacted HUD when Chase didn't send the QWR response and they say they "have contacted" Chase and "will let me know" when they get a response. I am giving them a little time, and int the meantime pressing Chase.

But ultimately I'm preparing for a small claim against Chase. I don't want to go there, but will be ready to if need be. It will be a move that might get me a few thousand dollars. The only way it will really make a diffference in the long run is if more people file small claims if they don't get the QWR or get an inadequate QWR.
 

tc4gold

Banned
Apr 9, 2009
97
0
0
Hi,

My tuppence worth. I dealt with Wells Fargo for a year too, they wouldn't give me an answer, however, when you send an email to every single person on their list right to the CEo and follow it wth phone calls you get a fast response. Now, I never got the real answer on a loan mod and eventually gave them a DIL, only started getting a proper response and help when I spoke with their attorney who was nice and said few people understand the process and fewer do the DIL which in most cases is their best best over foreclosure. I even got him to re word the papers to ensure I could understand in simple language that there was no deficiency judgement. They turned down 4 short sale offers and are still stuck with the property that won't sell for what they want. STUPID, STUPID, STUPID but that is the banks for you and they get all that government money? Early on I sent them a written scenario on a loan mod that would work and they would get paid their whole loan amount in 5 years (i had someone who wanted the property and were prepared to fix it). WF wouldn't give me an answer so the buyer gave up, again STUPID, STUPID, STUPID on the banks part but then they get paid big bucks to be that way. Go figure!!!!
I say harrass them with the QWR anyway, they harrass us enough.
 
S

Stinny

Guest
Anyone know what the mailing address for Wells Fargo is when sending the "Qualified Written Request" ? I'm sure we don't send it to the same place where payments are collected.

Also, can the QWR help if I am already in foreclosure? No sale date, been trying to work with Wells Fargo since October of 2008! You cannot even believe how many times I have faxed all the required paperwork to get a loan modification. Only to check in with them to say the request is expired and I have to send in everything all over again.

Now, just got a call wanting a 5 month trial payment plan, then after January 2010 they want a balloon payment of approximately $19,000 then they will see if a modification can be worked out. The man I spoke with told me they pretty much know I won't be able to make the balloon payment, but feels I will be able to make the mortgage payments. WHAT????

My story consists of falling behind on monthly payments due to the fact that my estranged husband moved out and would not help me make them. I wasn't working at the time, and when I could find a job was only part-time work. The payments just kept falling so far behind that I could not catch up and then Wells Fargo foreclosed. My payments were great - $409.00 a month less taxes and insurance escrow. Interest rate is 7% - so you can guess my loan amount was low as well - borrowed $60,000. However, Wells Fargo wants me to now pay almost $800 a month in the trial payment plan, for a home that with all the foreclosure fees and late payments & fee costs added to the mortgage payoff and depreciated resale value - I would walk away with nothing!

This isn't going to work for me! I have tried to tell them I can make the mortgage payments now . . . I just want the mortgage payments I used to have $409.00

Anyone have any ideas? I've only been dealing with the loss mitigation department at Wells Fargo - should I contact the executives and tell them my story?

Oh, and I spoke with the man from Wells Fargo on Sat., Aug 22, 2009 regarding their decision, telling me I needed to make the $800 payment on Tuesday, August 25th (yep, they gave me 3 days notice). Plus I have never received any "official" letter or package stating any of this from them.

Help!

Thanks!
Did you make any progress with WF. I have the email of the corporate offices, that will get you results
Stan Putra
Racine, Wi.
 

jollyroger

LoanSafe Member
Jan 10, 2013
1
0
0
hi all!

I recently splurged on a book, "mortgage wars" by iris martin which has a lot of great info on how to fight back and save your home from foreclosure, with accompanying legal case studies. It is very empowering and enlightening and i recommend this book to anyone who wants to beat the big bad wolves on wall street at their game and save their homes. Ms. Martin included a qualified written request in the book that anyone can use and it is very detailed, probing and, i would say, guaranteed to make your lender squirm and sweat buckets -- a good thirteen pages long (thirteen. Yeah we borrowers are the harbingers of your bad luck, you wall street scumbags!). I really got quite a workout on the computer copying the whole shebang from the book, but here it is for all of you to copy and paste into your word processing programs, then print out and drop into the good ol' mailbox:

<<


(date)

(your lender/mortgage servicer's name)
(street address)
(city/state/zip)


this letter is a "qualified written request" in compliance with and under the real estate settlement procedures act, 12 u.s.c. Section 2605(e).

Reference: Account #_____________. Hereinafter the subject loan and is the reference for all questions and requests described below.

To whom it may concern:

I am writing about the accounting and servicing of this mortgage and clarification of various sale, transfer, funding source, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its origination to the present date.

I hereby demand absolute firsthand evidence from you of the original uncertified or certified security regarding the above referenced account. In the event you do not supply me with the very security, it will be a positive confirmation on your part that you never really created or owned one.

I also hereby demand that a chain of transfer from you to wherever the security is now be promptly sent as well. Absent the actual evidence of the security, i have no choice but to dispute the validity of your lawful ownership, funding, entitlement right and the current debt.

By debt, i am referring to the principal balance; the calculated monthly payment; calculated escrow payment and any fees claimed to be owed by you or any trust or entity you may service or sub-service for.

To independently validate this debt, i will need to conduct a complete review and accounting of this mortgage from its inception through the present date. Upon receipt of this letter, refrain from reporting any negative credit information (if any) to any credit reporting agency until you respond to each of the requests. To do so would be in violation of the fair credit reporting act.

I also request that you conduct your own investigation and audit of this account since its inception to validate the debt you currently claim is owed. I would like you to validate the debt so that it is accurate to the penny.

Do not rely on previous servicing companies or originator's records, assurances or indemnity agreements. Instead, i demand that you conduct a full audit and investigation of this account.

In examining the loan documents, i suspect that you may have engaged in predatory lending practices including:

•inflating the appraisal of this property
•increasing the amounts of monthly payments;
•increasing the principal balance owed;
•increasing escrow payments;
•increasing the amounts applied and attributed toward interest on this account;
•decreasing the proper amounts applied and attributed toward the principal on this account; assessed, charged and/or collected fees, expenses and miscellaneous charges i am not legally obligated to pay under the mortgage, note and/or deed of trust.

I request that you prove that i have not been the victim of such predatory lending and servicing practices.

Since this is a qualified written request under the real estate settlement procedures act, codified as title 12 section 2605(e) of the united states code as well as a request under the truth in lending act 15 u.s.c. Section 1601, there are substantial penalties and fines for non-compliance, or failure to answer my questions within 20 business days of its receipt, and 60 business days to resolve my concerns.

In order to conduct the examination of this loan, i need to have full and immediate disclosure including copies of all pertinent information. Please provide me with factual and detailed answers to the following questions:

1. Was this loan originated in lawful compliance with all federal and state laws, regulations including, but not limited to, title 62 of the revised statutes, respa, tila, fair debt collection practices act, hoepa and other laws?

2. Was the origination and/or any sale or transfer of this account or monetary instrument conducted in accordance with proper laws and was it a lawful sale with complete disclosure to all parties with an interest?

3. Please disclose whether the claimed holder in due course of the monetary instrument/deed of trust/asset is in compliance with statutes, state and federal laws and who is entitled to the benefits of payments.

4. Were all transfers, sales, power of attorney, monetary instrument ownership, entitlements, full disclosure of actual funding source, terms, costs, commissions, rebates, kickbacks, fees properly disclosed; including but not limited to the period commencing with the original loan solicitation until now and including any parties, instruments, assignments, letters of transmittal, certificates of asset-backed securities and any subsequent transfer thereof?

5. Has each servicer and sub-servicers of this mortgage serviced this mortgage in accordance with statutes, laws and the terms of mortgage, monetary instrument/deed of trust, including but not limited to all accounting or bookkeeping entries, commencing with the original loan solicitation until now and including any parties, instruments, assignments, letters of transmittal, certificates of asset-backed securities and any subsequent transfer thereof?

6. Has this mortgage account been credited, debited, adjusted, amortized and charged correctly, commencing with the original loan solicitation until now and including any parties, instruments, assignments, letters of transmittal, certificates of asset-backed securities and any subsequent transfer thereof?

7. Has interest and principal been properly calculated and applied to this loan?

8. Has any principal balance been properly calculated, amortized and accounted for?

9. Have charges, fees or expenses, not obligated in any written agreement, been charged, assessed or collected from this account or any other related account arising out of the subject loan transaction?

10. I also need answers, in writing, to various servicing questions. For each record kept on computer or in any other electronic file or format, please provide a paper copy of all information in each field or record from each computer system, program or database used by you that contains any information on this account.

As such, please send to me, at the address below, copies of the documents requested below as soon as possible. Please also provide copies, front and back, of the following documents regarding this loan:

1. Any certificated or un-certificated security used for the funding of this account;

2. Any and all "pooling agreement(s)" or "servicing agreements" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any government sponsored entity, hereinafter gse or other party;

3. Any and all "deposit agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any gse or other party;

4. Any and all "servicing agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any gse or other party;

5. Any and all "custodial agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any gse or other party;

6. Any and all "master purchasing agreement(s)" between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any gse or other party;

7. Any and all "issuer agreement(s)" between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any gse or other party;

8. Any and all "commitment to guarantee" agreement(s) between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any gse or other party;

9. Any and all "release of document" agreement(s) between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any gse or other party;

10. Any and all "master agreement for servicer's principal and interest custodial account" between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any gse or other party;

11. Any and all servicer's escrow custodial account" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any gse or other party;

12. Any and all "release of interest" agreement(s) between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any gse or other party;

13. Any trustee agreement(s) between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and trustee(s) regarding this account or pool accounts with any gse or other party;

please also send me copies, front and back, of:
1. Any documentation evidencing any trust relationship regarding the mortgage/deed of trust and any note in this matter;
2. Any and all document(s) establishing any trustee of record for the mortgage/deed of trust and any note;
3. Any and all document(s) establishing the date of any appointment of trustee for this mortgage or deed of trust and any note, including any and all assignments or transfers or nominees of any substitute trustee(s);
4. Any and all document(s) establishing any grantor for this mortgage or deed of trust and any note;
5. Any and all document(s) establishing any grantee for this mortgage or deed of trust and any note;
6. Any and all document(s) establishing any beneficiary for this mortgage or deed of trust and any note;
7. Any documentation evidencing the mortgage or deed of trust is not a constructive trust or any other form of trust;
8. All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to alltel or fidelity cpi system, or any other similar mortgage servicing software used by you, any servicers, or sub-servicers of this mortgage account, from the inception of this account to the date written above.
9. All descriptions and legends of codes used in your mortgage servicing and accounting system so the examiners, auditors and experts retained to audit and review this mortgage account may properly conduct their work.
10.all assignments, transfers or other documents evidencing a transfer, sale, or assignment of this mortgage, deed of trust, monetary instrument or other document that secures payment to this obligation in this account from the inception of this account to the present date, including any such assignment on mers.
11. All records, electronic or otherwise, of assignments of this mortgage, monetary instrument or servicing rights to this mortgage including any such assignments on mers.
12. All deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from the inception of this account to the present date.
13. The front and back of each and every canceled check, money order, draft, debit or credit notice issued to any servicers of this account for payment of any monthly payment, other payment, escrow charge, fee or expense on this account.
14. All escrow analyses conducted on this account from the inception of this account until the date of this letter.
15. The front and back of each and every canceled check, draft or debit notice issued for payment of closing costs, fees and expenses listed on any and all disclosure statements including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees and points.
16. Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others on this account.
17. All letters, statements and documents sent by your company.
18. All letters, statements and documents sent by agents, attorneys or representatives of your company.
19. All letters, statements and documents sent by previous servicers, sub-servicers, or others in your account file or in your control or in the control or possession of any affiliate, parent company, agent, sub-servicers, servicers, attorney or other representative of your company.
20. All letters, statements and documents contained in this account file or imaged by you, any servicers or sub-servicers of this mortgage from the inception of this account to the present date.
21. All electronic transfers, assignments and sales of the note, asset, mortgage, deed of trust or other security instrument.
22. All copies of property inspection reports, appraisals and reports done on the property.
23. All invoices for each charge such as inspection fees, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this mortgage account from the inception of this account to the present date.
24. All checks used to pay invoices for each charge such as inspection fees, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this account from the inception of this account to the present date.
25. All agreements, contracts and understandings with vendors that have been paid for any charge on this account from the inception of this account to the present date.
26. All account servicing records, payment payoffs, payoff calculations, arm audits, interest rate adjustments, payment records, transaction histories, account histories, accounting records, ledgers and documents that relate to the accounting of this account from the inception of this account to the present date.
27. All account servicing transaction records, ledgers and registers detailing how this account has been serviced from the inception of this account to the present date.

With regard to account accounting and servicing systems:
1. Please identify each accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date so that experts can decipher the data provided.

2. For each accounting and servicing system identified by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the name and address of the company that designed and sold the system.

3. For each accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the complete transaction code list for each system.

With regard to debits and credits:
1. Please detail each and every credit on this account from the date such credit was posted to this account as well as the date any credit was received.
2. Please detail each and every debit on this account from the date such debit was posted to this account as well as the date any debit was received.
3. For each debit and credit listed, please provide me with the definition for each corresponding transaction code utilized.
4. For each transaction code, please provide the master transaction code list used by you or previous servicers.

With regard to mortgage and assignments:
1. Has each sale, transfer or assignment of this mortgage, monetary instrument, deed of trust or any other instrument executed to secure this debt been recorded in the county property records in the county and state in which the property is located from the inception of this account to the present date? Please respond either, yes or no?
2. If so, why not?
3. Is your company the servicer of this mortgage account or the holder in due course and beneficial owner of this mortgage, monetary instrument and/or deed of trust?
4. Have any sales, transfers or assignments of this mortgage, monetary instrument, deed of trust or any other instrument executed to secure this debt been recorded in any electronic fashion such as mers or other internal or external recording system from the inception of this account to the present date? Yes or no?
5. If yes, please detail the names of the seller, purchaser, assignor, assignee or any holder in due course to any right or obligation of any note, mortgage, deed of trust or security instrument executed securing the obligation on this account that was not recorded in the county records where the property is located, whether they be mortgage servicing rights or the beneficial interest in the principal and interest payments.

With regard to attorney fees:
In answering the questions below, assume attorney fees and legal fees to be one and the same.
1. Have attorney fees ever been assessed to this account from the inception of this account to the present date? Yes or no?
2. If yes, please detail each separate assessment, charge and collection of attorney fees to this account from the inception of this account to the present date and the date of such assessments to this account.
3. Have attorney fees ever been charged to this account from the inception of this account to the present date? Yes or no?
4. If yes, please detail each attorney fee to this account from the inception of this account to the present date and the date of such assessments to this account.
5. Please provide the name and address of each attorney or law firm that has been paid any fees or expenses related to this account from the inception of this account to the present date.
6. Please identify in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement i signed that authorized the assessment, charge or collection of attorney fees.
7. Please detail in writing each attorney fee assessed from this account and for what corresponding payment period or month such fee was assessed from the inception of this account to the present date.
8. Please detail in writing any adjustments in attorney fees collected and on what date such adjustment was made and the reason for such adjustment.
9. Has interest been charged on any attorney fees assessed or charged to this account? Yes or no?
10. Is interest allowed to be assessed or charged on attorney fees charged or assessed to this account? Yes or no?
11. Please send me copies of all invoices and detailed billing statements from any law firm or attorney that has billed such fees that have been assessed or collected from this account from the inception to the present date.

With regard to suspense/unapplied accounts:
In answering these questions, treat the term suspense account and unapplied account as one and the same.
1. Has there been any suspense or unapplied transactions on this account from the inception of this account to the present date? Yes or no?
2. Please detail each and every suspense or unapplied transaction, including debits and credits, that have occurred on this account from the inception of this account to the present date.

With regard to late fees:
Please consider the terms late fees and late charges to be one and the same.
1. Have you reported the collection of late fees on this account as interest in any statement to the irs? Yes or no?
2. Have any previous servicers or sub-servicers of this mortgage reported the collection of late fees on this account as interest in any statement to the irs? Yes or no?
3. Do you consider the payment of late fees as liquidated damages to you for not receiving payment on time? Yes or no?
4. Are late fees considered interest? Yes or no?
5. Please detail what expenses and damages you incurred for any payments made that were late.
6. Were any of these expenses or damages charged or assessed to this account in any other way? Yes or no?
7. If yes, please describe what expenses or damages were charged or assessed to this account.
8. Please describe what expenses you or others undertook due to any payments made that were late.
9. Please describe what damages you or others undertook due to any payments made that were late.
10. Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement i signed that authorized the assessment or collection of late fees.
11. Please detail each late fee assessed to this account and for which corresponding payment period or month such late fee was assessed from the inception of this account to the present date.
12. Please detail any adjustments in late fees assessed and on what date such adjustments were made and the reason for such adjustments.
13. Has interest been charged on any late fee assessed or charged to this account? Yes or no?
14. Is interest allowed to be assessed or charged on late fees to this account? Yes or no?
15. Have any late charges been assessed to this account? Yes or no?
16. If yes, how much in total late charges have been assessed to this account from the inception of this account to the present date?
17. Please provide the payment dates you or other previous servicers or sub-servicers of this account claim i have been late with a payment from the inception of this account to the present date.

With regard to property inspections:
Consider property inspection and inspection fee terms that apply to any inspection of property by any source and any related fee or expense charged, assessed or collected for such inspection.
1. Have the property inspections been conducted from the inception of this account to the present date? Yes or no?
2. If yes, please tell me the date of each property inspection conducted on subject property that is the secured interest for this mortgage, deed of trust or note.
3. Please tell me the price charged for each property inspection.
4. Please tell me the date of each property inspection.
5. Please tell me the name and address of each company and person who conducted each property inspection on this property.
6. Please tell me why property inspections were conducted on subject property.
7. Please tell me how property inspections are beneficial.
8. Please tell me how property inspections are protective of subject property.
9. Please explain your policy on property inspections.
10. Do you consider the payment of inspection fees as a cost of collection? Yes or no?
11. If yes, why?
12. Do you use your property inspections to collect debts? Yes or no?
13. Have you used any portion of the property inspection process on subject property to collect a debt, payment or obligation? Yes or no?
14. If yes, please answer when and why?
15. Please identify in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement i signed that authorized the assessment or collection of property inspection fees.
16. Have you labeled in any record or document sent to me a property inspection as a miscellaneous advance? Yes or no?
17. If yes, why?
18. Have you labeled in any record or document sent to me a property inspection as a legal fee or attorney fee? Yes or no?
19. If yes, why?
20. Please detail each inspection fee assessed to this account and for which corresponding payment period or month such fee was assessed from the inception of this account to the present date.
21. Please detail any adjustments in inspection fees assessed and on what date such adjustment was made and the reasons for such adjustment.
22. Has interest been charged on any inspection fees assessed or charged to this account? Yes or no?
23. If yes, when and how much was charged?
24. Is interest allowed to be charged on inspection fees charged or assessed to this account? Yes or no?
25. How much in inspection fees have been assessed to this account from the inception of this account to the present date?
26. Please forward copies of all property inspections made on subject property in this mortgage account file.
27. Has any fee assessed or charged for property inspections been placed into an escrow account? Yes or no?

With regard to broker price opinions (bpo) fees:
1. Have any broker price opinions been conducted on subject property? Yes or no?
2. If yes, please tell me the date of each bpo conducted on subject property that is the secured interest for this mortgage, deed of trust or note.
3. Please tell me the price of each bpo.
4. Please tell me who conducted the bpo.
5. Please tell me why bpos were conducted on subject property.
6. Please tell me how bpos are beneficial.
7. Please tell me how bpos are protective of subject property.
8. Please explain your policy on bpos.
9. Have any bpo fees been assessed to this account? Yes or no?
10. If yes, how much in total bpo fees have been charged to this account?
11. Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement i signed that authorized the assessment, charge or collection of a bpo fee.
12. Please send me copies of all bpo reports that have been done on subject property.
13. Has any fee charged or assessed for a bpo been placed into an escrow account? Yes or no?

With regard to force-placed insurance:
1. Have you placed or ordered any force-placed insurance policies on subject property?
2. If yes, please tell me the date of each policy ordered or placed on subject property that is the secured interest for this mortgage, deed of trust or note.
3. Please tell me the price of each policy.
4. Please tell me the agent for each policy.
5. Please tell me why each policy was placed on subject property.
6. Please tell me how the policies are beneficial.
7. Please tell me how the policies are protective of subject property.
8. Please explain your policy on force-placed insurance.
9. Have any force-placed insurance fees been assessed to this account? Yes or no?
10. If yes, how much in total force-placed insurance fees have been assessed to this account?
11. Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement i signed that authorized the assessment, charge or collection of force-placed insurance fees.
12. Do you have any relationship with the agent or agency that placed any policies on this property? If yes, please describe.
13. Do you have any relationship with the carrier that issued any policies on subject property? If yes, please describe.
14. Has the agency or carrier you used to place a force-placed insurance policy on subject property provided you any service, computer system, discount on policies, commissions, rebates or any form of consideration? If yes, please describe.
15. Do you maintain a blanket insurance policy to protect your properties when customer policies have expired? Yes or no?
16. Please send me copies of all force-placed insurance policies that have been ordered on subject property from the inception of this account to the present date.

With regard to servicing:
1. Did the originator or previous servicers of this account have any financing agreements or contracts with your company or an affiliate of your company?
2. Did the originator or previous servicers of this account receive any compensation, fee, commission, payment, rebate or other financial consideration from your company or affiliate of your company for handling, processing, originating, or administering this loan? If yes, please itemize each form of compensation, fee, commission, payment, rebate or other financial consideration paid to the originator of this account by your company or any affiliate.
3. Please identify where the originals of this entire account file are currently located and how they are being stored, kept and protected.
4. Where is the original deed of trust or mortgage and note i signed located? Please describe its physical location and anyone holding this note as a custodian or trustee if applicable.
5. Since the inception of this account, has there been any assignment of this monetary instrument/asset to any other party? If the answer is yes, identify the names and addresses of each and every individual, party, bank, trust or entity that has received such assignments.
6. Since the inception of this account, has there been any sale or assignment of the servicing rights to any other party? If the answer is yes, identify the names and addresses of each individual, party, bank, trust or entity that has received such assignments or sale.
7. Since the inception of this account, have any sub-servicers serviced any portion of this mortgage account? If the answer is yes, identify the names and addresses of each individual, party, bank, trust or entity that has sub-serviced this mortgage account.
8. Has the mortgage account been made a part of any mortgage pool since the inception of this loan? If yes, please identify each account mortgage pool that this mortgage has been a part of from the inception of this account to the present date.
9. Has each assignment of this asset/monetary instrument been recorded in the county land records where the property associated with this mortgage account is located?
10. Has there been any electronic assignment of this mortgage with mers (mortgage electronic registration system) or any other computer mortgage registry service or computer program? If yes, identify the name and address of each individual, entity, party, bank, trust or organization or servicers that have been assigned mortgage servicing rights for this account as well as the beneficial interest to the payments of principal and interest on this loan.
11. Have there been any investors (as defined by your industry) who have participated in any mortgage-backed security, collateral mortgage obligation or other mortgage security instrument that this mortgage account has ever been a part of from the inception of this account to the present date? If yes, identify the name and address of every individual, entity, organization and/or trust.
12. Please identify the parties and their addresses to all sales contracts, servicing agreements, assignments, alonges, transfers, indemnification agreements, recourse agreements, and any agreement related to this account from the inception of this account to the present date.
13. How much were you paid for this individual mortgage? What premium was paid?
14. If part of a mortgage pool, what was the principal balance used by you to determine payment for this individual mortgage loan?
15. Who did you issue a check or payment to for this mortgage loan?
16. Please provide me with copies of the front and back of the canceled check.
17. Would any investor have to approve the foreclosure of subject property? Yes or no?
18. Has hud assigned or transferred foreclosure rights to you as required by 12 usc 3754?
19. Please identify all persons who would have to approve foreclosure of subject property.

Please provide me with the documents i have requested and a detailed answer to each of my questions within the lawful time frame. Upon receipt of the documents and answers, an examination will be conducted that may lead to a further document request and answers to questions under an additional respa qualified written request letter.

Copies of this qualified written request, validation of debt, tila and request for accounting and legal records, dispute of debt letter are being sent to ftc, hud, office of thrift supervision, relevant state and federal regulators, other consumer advocates, state congressman, state senator, and attorney general. Please note that default provisions exist under this qualified written request.

(borrower's name)

(borrower's street address)
(borrower's city/state/zip)

>>

how's them apples?? Boy, can you just see the look on their faces when they open that and read the whole thing, with their palms becoming sweaty and their breathing coming in short, pained gasps and maybe thinking, "i'm getting sick now.... I think i'll call in sick for the next few days!"

wooooo hoo. Talk about royally sticking it to them. I just got my qwr printed out this morning and put out for the mailman :d i'm wondering if i should send a copy to wells fargo bank in care of their attorneys (they're the trustee on my mortgage with option one/ahmsi) as well. This really feels grrreat and i hope that you will too in sending out this yourself. Have a fantastic weekend!

Hugs,
sally

how did your qwr response turn out?
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,180
153
63
This thread has a ton of great info, but it needs to be said here that the laws have changed a bit since this info was posted here. One example is this:

It is worth noting, however, that a servicer may be able to charge a reasonable fee to prepare a response to a legitimate QWR. Watt v. GMAC Mortg. Corp.-8th Cir. 2006 457 F.3d 781, 783.
I do believe that this has changed. See below:
[h=1]12 U.S. Code § 2605[/h](posted only in part)

(k) Servicer prohibitions (1) In general A servicer of a federally related mortgage shall not

(A) obtain force-placed hazard insurance unless there is a reasonable basis to believe the borrower has failed to comply with the loan contract’s requirements to maintain property insurance;
(B) charge fees for responding to valid qualified written requests (as defined in regulations which the Bureau of Consumer Financial Protection shall prescribe) under this section;

(C) fail to take timely action to respond to a borrower’s requests to correct errors relating to allocation of payments, final balances for purposes of paying off the loan, or avoiding foreclosure, or other standard servicer’s duties;
(D) fail to respond within 10 business days to a request from a borrower to provide the identity, address, and other relevant contact information about the owner or assignee of the loan; or
(E) fail to comply with any other obligation found by the Bureau of Consumer Financial Protection, by regulation, to be appropriate to carry out the consumer protection purposes of this chapter.
I'm not trying to take anything away from the fine folks that posted the wealth of info here, this just underscores the need on our part to keep learning about the laws.
 

Cat Damiano

Mortgage Wars
Sep 10, 2007
10,541
39
48
Colorado
www.loansafe.org
This thread has a ton of great info, but it needs to be said here that the laws have changed a bit since this info was posted here. One example is this:



I do believe that this has changed. See below:


I'm not trying to take anything away from the fine folks that posted the wealth of info here, this just underscores the need on our part to keep learning about the laws.
Just an FYI, this thread was started 5 years ago, so there is a chance that the information and regulations contained within any of the threads that were posted back 5-7 years ago may have been updated and/or changed.