Qualified Written Request Limitations

Hi Paul:

On pages 287 & 287 of RESPA it states a written request doen’t constitute a QWR if delivered to a servicer more than 1 year after the date of transfer of servicing or date mortgage paid in full. Under RESPA-6 enforcement it states one has 3yrs to file a lawsuit to enforce violations of Section 6.   

So my question is this, If I have a mortage audit performed and in doing so I have requested documents from the lender and they failed to provide them and it is past one year of for date of chang of servicers, would I still send a Qualified Written Request demanding the documents?  How does that work. 

So many people didn’t even know they had the option of putting a lender on legal notice.  In addition, if the audit produced significant compliance violations, would I present them in a QWR and request a loan modification too?

Beth

——–

Hi Beth,

I’m not sure I understood your question.  The ‘one year after date of transfer’ applies to previous servicers and doesn’t apply to the current servicer.

The borrower or his or her agent can request whatever they want in a qualified written request, but the purpose of Section 2605(e) was to permit a borrower a medium for resolving disputes relating to the servicing of the loan and escrow accounts.  Many times, the qualified written request goes unanswered and that creates a cause of action for the borrower in an affirmative suit or defensively by way of recoupment (in judicial foreclosure) beyond the applicable limitations period.

Thanks for the questions and hope this helps,

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.