QWR — 12 U.S.C. 2605(e) -Nice outline

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By: Joshua A. Huber On July 14, 2016, the Fifth Circuit Court of Appeals issued its opinion in In re Parker, holding that a qualified written request ("QWR") pursuant to the real estate settlement Procedures Act, 12 U.S.C. 2605 ("RESPA"), does not encompass a borrower’s written request for proof of a lender’s status as the noteholder, or its authority to collect payments under a.

Section 6(e) of RESPA, 12 U.S.C. 2605(e), imposes requirements on a loan servicer whenever it receives a "qualified written request" (QWR) from the borrower (or the borrower’s agent). A QWR must be in writing on something other than a payment coupon or other payment medium supplied by the servicer.

As such, please treat this letter as a Qualified Written Request under the Real estate settlement procedures act, codified as Section 2605 (e) of Title 12 of the United States Code. As you may know, RESPA provides substantial penalties and fines for non-compliance or answers to my questions provided in this letter within sixty (60) days.

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In particular, mortgage servicers are required, within thirty days of receiving a QWR from a borrower, to "make appropriate corrections in the account of the borrower, including the crediting of any late charges or penalties, and transmit to the borrower a written notification of such correction[.] 12 U.S.C. 2605(e)(2)(A).

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Davis This letter is a Qualified Written Request seeking information pursuant to Real Estate Settlement and Procedures Act, 12 U.S.C. 2605(e), a dispute of the debt which constitutes the subject matter contained in the complaint referenced above, to be validated pursuant to F.D.C.P.A., 15 U.S.C. 1692-1692p, and an assurance that abusive.

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