Sec. 2605(e)(1)(A) provides that, if a servicer of a federally related mortgage loan receives a QWR from the borrower for information relating to the servicing of the loan, the servicer must provide a written response acknowledging receipt of the correspondence within a certain number of days. See 12 U.S.C. Sec. 2605(e)(1)(A).
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As such, please treat this letter as a qualified written request under the real estate settlement procedures act, codified as Section 2605 (e) of Title 12 of the United States Code. As you may know, RESPA provides substantial penalties and fines for non-compliance or answers to my questions provided in this letter within sixty (60) days.
Accordingly, "This Court will not read the word ‘servicing’ into the statute where it is not, and thus holds that the information sought by the borrower need not relate to servicing to constitute a QWR, and a servicer must fulfill its obligations under 12 U.S.C. 2605(e)(2) regardless of whether such information relates to the statutory.
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QWR Qualified Written Request 1st Step of Forensic Loan audit predatory lending Violations – Free download as PDF File (.pdf), Text File (.txt) or read online for free. This is a sample of a qualified written request that should be sent to your lender if you feel that you may be a victim of predatory lending or if you would like the lender to validate the debt that they say you owe.
In addition, the QWR must include or otherwise enable the servicer to identify the name and account of the borrower. Id. Upon receipt of a QWR, a servicer must provide a written response acknowledging receipt of the QWR within twenty days. 12 U.S.C. 2605(e)(1)(A).
Providing Information to Credit Reporting Agencies Plaintiffs further allege that Chase violated RESPA by furnishing adverse information to 3 credit reporting agencies. Plaintiffs do not allege that any report was made during the 60-day post- 4 qwr statutory prohibition on furnishing such information. 12 U.S.C. 2605(e)(3).
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