12 C.F.R. 1024.36 outlines requests for information, under which a servicer must provider certain requested information pursuant to a QWR. Pursuant to 12 U.S.C. 2605(e), "Duty of loan servicer to respond to borrower inquiries," any loan servicer of a federally related mortgage loan who receives a qualified written response from a borrower.
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Except as provided under subparagraphs (B) and (C), the notice required under paragraph (1) shall be made to the borrower not less than 15 days before the effective date of transfer of the servicing of the mortgage loan (with respect to which such notice is made).
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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).
*9 "Count II" of LeDoux’s complaint also invokes a federal statute-RESPA, 12 U.S.C. 2601 et seq. LeDoux alleges that his November 8, 2010 letter to Chase constituted a qualified written request ("QWR") under 12 U.S.C. 2605(e)(1)(B), and that, by failing to provide all the information he requested and contact information for an.
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sufficient detail to the servicer regarding other information sought by the borrower." 12 U.S.C. 2605(e)(1)(B). A mortgage servicer must confirm receipt of a QWR and, within thirty days, investigate whether any errors exist and respond with its findings. Id. 2605(e)(2). According to the Trujillos, Shellpoint’s response was deficient.
The Real Estate Settlement Procedures Act (RESPA) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. §§ 2601-2617.The main objective was to protect homeowners by assisting them in becoming better educated while shopping for real estateservices, and eliminating kickbacks and referral fees which add unnecessary.
Authority: 12 U.S.C. 2603–2605, 2607, 2609, 2617, 5512, 5532, 5581.. (E) Is originated either by a dealer or, if the obligation is to be assigned to any maker of.. Qualified written request means a written correspondence from the borrower to the servicer that.. Lines 301 and 302 are summary lines for the Borrower.