A Qualified Written Request, or QWR, is written request that you can send to your mortgage lender or mortgage servicer and can serve as an official Validation of Debt or Proof of Claim Request, Error Resolution & Information Request (ERIR). Instead of a QWR, you can also send your servicer a Notice of Error or a Request for Information. Section six (6) of RESPA that relate to qualified written requests can be a helpful tool for borrowers in foreclosure

You can send a QWR to request information about the servicing of your mortgage loan or to assert that the company has made an error. Make sure your QWR explains in detail what information you want, or why you think the account is in error; otherwise your QWR may be ignored. When you send your servicer a qualified written request, make sure to send it to the correct address. It may be a different address than where you send your payments. Your servicer must generally confirm it received your letter within five business days and respond with an answer within 30 business days.

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Correspondence Address:
Ocwen Loan Servicing, LLC Research Department P.O. Box 24736 West Palm Beach, FL 33416-4736.

In the Matter of: Joe Doe

Property Address: 125 Happy Street Any Town, IL 60634.

Account/Loan Number #: 123456789

R.E.S.P.A. QUALIFIED WRITTEN REQUEST

Dear Sir or Madam:

Please treat this letter as a “qualified written request” under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605(e).

Specifically, we are disputing a) the identity of a true secured lender/creditor, and b) the existence of debt, and
c) your authority and capacity to collect on behalf of the alleged lender/creditor. Because of extensive criminal activity and fraud in this arena, we require proof of the chain of secured ownership from the original alleged lender/creditor to the alleged current lender/creditor. Further, we require proof that you are the entity that has been contracted to work on behalf of the alleged lender/creditor.

Pursuant to “Subtitle E Mortgage Servicing” of the Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1), please provide:

1. A full, double sided, certified “true and accurate” copy of the original promissory note and security instrument and all assignments of the security instrument.

2. Full name, address and telephone number of the actual entity that funded the transaction.

3. Full name of Trust where the Note Number is trading, or has traded, and the identifying Series of Certificates.

4. Full name, address, and telephone number of the Custodian of my original Promissory Note, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act.

5. Full name, address, and telephone number of the Custodian of my original Security Instrument (mortgage or deed of trust), including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act.

6. A physical location (address) of the original promissory note, original security instrument, and all assignments of the security instrument, and a contact name and phone number of someone who can arrange for inspection of said documents.

7. Full name, address and telephone number of any master servicers, servicers, sub-servicers, contingency servicers, back-up servicers or special servicers for this account.

8. The electronic MERS number assigned to this account if this is a MERS Designated Account. The MERS Milestone Report, if the note number and security instrument was tracked by Mortgage Electronic Registration Systems. I want to see the audit trail of the alleged transfer in ownership and alleged transfer in security interest. Proof of true sale of the note from alleged Lender to investors, by showing: Wire transfer document(s), and/or Signed purchase and sale agreement(s), Bank statements or similar documentation.

9. A complete audit history from alleged loan origination, showing the dates payments were applied, and to what internal accounts (i.e. principal, interest, suspense, escrow, etc.) payments were applied.

10. A complete and itemized statement of all advances or charges against this account.

11. A complete and itemized statement of the escrow for this account, if any, from the date of the note origination to the date of your response to this letter.

12. Have you purchased and charged to the account any Force-Placed Insurance? If so, a complete and itemized statement from the date of the note origination to the date of your response to this letter of the amounts charged for any forced-placed insurance, the date of the charge, the name of the insurance company, the relation of the insurance company to you or a related company, the amount of commission you received for each force-placed insurance event, and an itemized statement of any other expenses related thereto.

13. A complete and itemized statement from the date of the note origination to the date of your response to this letter of any suspense account entries and/or any corporate advance entries related in any way to this account.

14. A complete and itemized statement from the date of the loan to the date of your response to this letter of any property inspection fees, property preservation fees, broker opinion fees, appraisal fees, bankruptcy monitoring fees, or other similar fees or expenses related in any way to this loan.

15. A statement/provision under the security instrument and/or note that authorizes charging any such fee against the account.

16. Copies of all property inspection reports and appraisals, broker price opinions, and associated bills, invoices, and checks or wire transfers in payment thereof.

17. Complete copy of any transaction report(s) indicating any charges for any “add on products” sold to the debtors in connection with this account from the date of the note origination to the date of your response to this letter.

18. Complete and itemized statement of any late charges added to this account from the date of the note origination to the date of your response to this letter.

19. Complete and itemized statement of any fees incurred to modify, extend, or amend the loan or to defer any payment or payments due under the terms of the loan, from the date of the note origination to the date of your response to this letter.

20. Complete, itemized statement of the current amount needed to pay-off the alleged “loan” in full.

21. Verification of any notification provided to me of a change in servicer.

You should be advised that within FIVE (5) DAYS you must send us a letter stating that you received this letter. After that time you have THIRTY (30) DAYS to fully respond as per the time frame mandated by Congress, in “Subtitle ‘E’ Mortgage Servicing” of the “Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1).

TRUTH – IN-LENDING ACT § 131(f)(2)

Pursuant to 15 U.S.C. § 1641 (f):

Please provide the name, address and telephone number of the owner(s) of the mortgage and the master servicer of the mortgage.

You should be advised that Violations of this Section provide for statutory damages of up to $4,000 and reasonable legal fees. The amendments also clearly provide that the new notice rules are enforceable
by private right of action. 15 USC 1641

Sincerely,

What’s In a Qualified Written Request Letter?