Foreclosure Litigation Support
for
Lawyers & Pro Se Litigants




Subtitle

R.E.S.P.A - Qualified Written Request Letter in Foreclosure:
The Mortgage Servicer's Duties

Neil Garfield says that the only really effective leverage you have during negotiations over settlement or modification is administrative pressure. This is accomplished by sending well-focused QWR -Qualified Written Requests and Follow-ups and DVL-  Debt Validation Letters and Follow-ups. This forces the servicers and lawyers to give an answer they can't easily take back and that might mean lying to a federal or state agency. That happens when after sending the QWR and DVL (to which they MUST respond) you send complaints to your State AG -Attorney General and the CFPB -Consumer Financial Protection Board. 

The narrative on the QWR and DVL is usually identical. Depending on the answers you receive and the action taken by the party seeking collection or enforcement you might want to move on to the AG and CFPB complaints, which is another offering by us. The QWR is sent under the rules contained in RESPA -Real Estate Settlement Procedures ACt and the DVL is sent under the rules of the Federal Debt Collection Procedures Act. Both require a response in short order. 

Once your Title Encumbrance Report & Analysis (TERA) is complete, the next action is to send a Qualified Written Request and a Debt Validation letter to your servicer. A Lending Lies paralegal can help customize a targeted letter for mailing.  Instead of a general Qualified Written Request, the Lending Lies team will request specific information that the servicer can't likely provide. The benefit of this service is having Neil Garfield and his paralegal tailor the letters specifically to the findings in your Chain of Title assessment so the servicer is accountable and must answer the questions in your request.

The more information you can receive from your loan servicer, the more apt they are to make errors and provide conflicting information that can help you demonstrate the servicer’s lack of authority and the named claimant's standing.  Typically the left hand doesn’t know what the right hand is doing at most servicer’s organizations. The servicer’s failure to properly respond sets up the servicer for fines and damages under the Fair Debt Collection laws.


Armed with a Title Encumbrance Report & Analysis, and the Qualified Written Request and Debt Validation responses, a homeowner facing foreclosure will have a better understanding of what occurred over the course of their loan.  Armed with this information, it is much easier to get an attorney interested in representing your interests in court.

What is RESPA?

The Real Estate Settlement Procedures Act, or RESPA is one of the most important federal foreclosure laws designed to protect home and property owners during the foreclosure process. In its simplest definition, it allows you to request and obtain vital information about your mortgage from the account servicer that you can use for a variety of purposes to heal your account or protect your home (a mortgage servicer is the company that collects monthly mortgage payments from borrowers on behalf of the owner of the loan. The servicer also tracks account balances, manages the escrow account, handles loss mitigation applications, and pursues foreclosure in the case of defaulted loans.). The process of obtaining that information begins by sending a Qualified Written Request Letter to your mortgage servicer.

Why Use RESPA during Foreclosure?

RESPA gives you the ability to gain important information about your mortgage and your account that you can use to protect your home, settle your account, or otherwise advocate for your best interests in or out of court. You should use this law if you believe that your account includes wrong or fraudulent information, if mistakes have been made about your record of payments, or if you believe that other servicer violations exist.

This law gives you the opportunity to identify and get more clarification on those servicer violations as well as learn other key details that you can use to either get caught up on your mortgage or point out why the mortgagor has no right to pursue foreclosure against your home. RESPA can force the servicer to reveal information about your account that you might not have had access to before being notified of the foreclosure.

Thanks to RESPA, you can now demand in writing that your mortgage servicer clarify your account and provide to you in writing details that you need to know about your account. This law gives you the opportunity to correct wrongful information, cure your account, and take action to stop you from losing your home.  The servicer must acknowledge a request for information within five business days, and respond within 30 business days.