A qualified written request known as a QWR is used to address concerns about a
mortgage loan. Generally, a letter is sent to the mortgage servicer as a qualified
written request under RESPA 6 violations.The QWR addresses issues concerning the
mortgage loan. Watch this slide presentation to learn what not to do when submitting a QWR
Five Ways To Make Qualified Written Requests Ineffective
1. What Is a QWR?
A qualified written request known as a QWR is used to
address concerns about a mortgage loan. Generally, a
letter is sent to the mortgage servicer as a qualified
written request under RESPA 6 violations.
The QWR addresses issues concerning the mortgage
loan. Only the mortgage servicer responds to the QWR
complaint and not the lender. Which is why sending a
QWR to the lender and holder of the mortgage note is
incorrect.
However, if the servicer is also the lender and holder of
the mortgage note it would be proper to send the
QWR.Simply sending a QWR to the servicer does not
stop foreclosure.
2. It must be addressed which issues
with the loan are improper
It must be addressed which issues with the loan are improper that also makes the
lender and holder of the mortgage note not the proper party.
Important issues concerning the loan to address are
1) Robo Signers,
2) Improper Assignment Transfers,
3) Foreclosure Fraud,
4) Improper Mortgage Securitization - Separation of Promissory Note and Security
Instrument, etc.
3. Today more homeowners are
starting to challenge their
foreclosures.
Today more homeowners are starting to challenge their foreclosures. Which puts
mortgage lending under fire because most homeowners don't really understand who is the
mortgage lender. When challenging foreclosure it is important to know what role the
mortgage servicer plays. This is extremely important because any questions about the
loan is required to be directed to the mortgage servicer first.
The Real Estate Settlement Procedures Act often referred to as RESPA governs matters
concerning questions about loans.The most widely used method for communicating with
mortgage servicers are QWR known as a qualified written request letter which is under
RESPA section 6.
They are also readily available in generic form online as QWR letter or
qualified written request sample. Being very basic and not effective for homeowners
who really need to challenge foreclosure.
4. Here Are Five Most Common
Things That Make Qualified Written
Requests Ineffective:
1. RESPA Statute Limits... When a QWR lists violations that are outside of the statute
of limitations for RESPA, no recourse for damages.
2. Lack Errors or Omissions... Every true QWR must explain what specific errors or
omissions that the homeowner is concerned about regarding the loan in the QWR letter.
3. RESPA Provision Requirements... Under RESPA Section 6 by statute QWR applies to
only servicers of a mortgage loan. Sending a QWR to the lender does not require the
lender to comply. However, the servicer is responsible for contacting the lender to
gather information that may be needed in a QWR. Homeowner's often mistakenly send the
QWR to the lender over the servicer!!!
4. QWR Lien Requirements... QWR are intended only for first position liens, the first
secured mortgage ONLY. If the QWR includes second mortgage, subordinate lien loans, or
lines of credit it is invalid as these loans are exempt from all RESPA requirements.
5. QWR That Harass... QWR should never be used to harass the lender through the
servicer in any manner.Every QWR must be specific in nature about the concerns of
servicing of the loan.
5. A QWR is never intended to delay
foreclosure or dispute the validity of
a foreclosure.
A QWR is never intended to delay foreclosure or dispute the validity of a
foreclosure.
However, if the QWR addresses specifically why the borrower feels that
payments are being made to or demanded by the wrong lender it is valid.
Only a lender with enforceable security interest has authority to ever
foreclose. Homeowner's often mistakenly send the QWR to the lender
over the servicer!!!
6. Use can submit an effective
QWR today with QWR
Attack!.
Just log on to
http://qwrattack.gofightforeclosure.com
7. Use can submit an effective
QWR today with QWR
Attack!.
Just log on to
http://qwrattack.gofightforeclosure.com