Sample Qualified Written Request 1
Sample Qualified Written Request 1
I am writing to you to complain about the account and servicing of my mortgage and my need for
understanding and clarification of various charges, credits, debits, transactions, action, payments analysis
and records related to the servicing of my loan from its inception to the present date. As such, please
treat this letter as a "Qualified Written Request" under the Real Estate Settlement Procedures Act
(RESPA), 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!
Due to the recent mortgage market meltdown and your involvement in this market, I are concerned that
my loan has not been properly credited, amortized, calculated, and serviced properly. I am also
concerned with the ownership of my promissory note; to whom my actual obligation is owed to; who was
my actual lender; and your authority to collect payments and/or negotiate the purchase/repurchase of my
promissory note from my actual lender.
The meltdown of the mortgage market and the effects of any financial manipulation may have affected the
current amount you claim I owe as the principal balance due on my loan which may not have been correct
and may not have been properly amortized. In addition, I am concerned that my escrow payments and/or
my monthly payments may have been adversely affected and that I may have paid more than what I
owed or less than was necessary to properly amortize my mortgage over its term. I am also concerned
that you have violated the Fair Debt Collection Practices Act by collecting payments from me that you are
not entitled to collect and violations of the contractual agreement set forth in the promissory note and
mortgage or deed of trust.
Upon receipt of this letter, please refrain from reporting any negative credit information to any credit
reporting agencies until you respond to the "requests" in this letter.
Due to the current economic climate, I am exploring various options to protect my property and finances.
My home is a very important and valuable asset to me that I desire to protect. Please don't infer any
negative connotation by my letter, but the industry-wide practices employed in recent years trouble me
and I am seeking information to not only alleviate my concerns, but guard against future problems,
including but not limited to the reporting of negative information to the credit reporting bureaus.
I am examining my finances and making determinations as to how best to payoff, reduce, and/or
refinance my mortgage and/or sell my property to one interest or another. I executed a promissory note
that is a contract between myself and whoever owns that contract now. The United States government
may actually own my promissory note. If so, I, or investors I know, may desire to purchase back my
promissory note from the government or my actual current lender, at a profit, as part of a purchase of my
property and/or restructuring of my finances.
I have contracted with a firm to audit my mortgage loan that you service as Ill as explore various
purchase, sale, refinancing, loan, business, and financial options for us. In order to conduct this
examination and audit, I need to have full and immediate disclosure including copies of all pertinent
information related to my loan. As such please send to me at your address here copies of the following
documents and answers to my servicing related questions below within the 60 day time frame.
If you require, I will gladly pay $50.00 to help defray any costs associated with my request, if any. Simply
notify me of the required fee and I will gladly pay it.
I
DOCUMENTS NEEDED TO CONDUCT AUDIT
1) All "master" transaction registers/ledgers of my loan in your servicing files or backup files with you
or any sub-servicer, including but not limited to the fidelity mortgage servicing system, FiServ or
any mortgage servicing system you use. Please provide all information residing in any data field
in the system or any component that supports the system that deals with any of the question
listed below. (no screen or partial dumps or spreadsheets please).
2) Also, please provide and include all description and legends of all Codes used in your mortgage
servicing and accounting system so that the examiners, auditor and experts I have retained to
audit and review my mortgage account may properly conduct their work.
3) A certified copy of the front and back portion of the mortgage or deed of trust as it exists today
along with all assignments whether recorded or not.
4) A certified copy of the front and back portion of my promissory note as it exists today along with
all endorsements, affixed or un-affixed allonges, and assignments whether recorded or not.
5) Canceled checks, wire transmittals or other evidence of payment for each assignment of my
promissory note.
6) All executed, recordable and "non-recordable" assignments associated with my loan including,
but not limited to assignments, transfers, allonges, or other documents evidencing a transfer, sale
or assignment of my mortgage, deed of trust, promissory note or other document that secures
payment by me to my obligation in this account from the inception of my loan to the present date.
8) All escrow analyses conducted on my account from the inception of my loan until the date of this
letter.
II
SERVICING RELATED QUESTIONS I NEED ANSIRED
After the recent problems in the mortgage market, I have many serving related questions in addition to the
questions enumerated above. I worry that I do not have good and proper title to my property and that the
amount you claimed owed by me are incorrect. Please answer the following questions for me.
1) What is your actual servicing relationship with my loan? Are you the servicer, master servicer,
interim servicer, private label servicer, default servicer, sub-servicer, and/or special servicer of my
loan?
2) Has my promissory note ever been securitized? If so kindly inform me of the following
information:
a. All trusts, SPVs, QSPEs, REMICS, and other entities that my note has
been assigned to from its inception to the current date.
b. The current trust, SPV, QSPE, SPE, REMIC or entity that owns my note.
3) Is there any Fannie Mae, Freddie Mac, Ginnie Mae, FHA, HUD, VA or private guarantee related
to my loan? If yes, who has provided this guarantee and what portion of my payment goes to this
guarantee?
4) Who is the document custodian that safeguards and holds my "original" promissory note that I
signed in ink and at what address may that person be found?
5) Does my original promissory note currently have any "blank endorsements" on it? [Yes/No].
6) Does my original promissory note properly reflect the chain of title from one interest to another?
[Yes/No]
8) Has any due diligence and/or quality control services conducted by you or any other entity on my
loan identified any red flags, frauds, misrepresentations, misstatements, errors, or problems?
a. If yes, can you kindly detail such problems to me?
10) When will I receive my original (signed in ink) promissory note stamped "Canceled & Paid in
Full"?
11) Have any BPOs, property inspections, and/or appraisals by you or any investor been conducted
on my property since the inception of my loan? [Yes/No]
a. If yes, have I been charged or assessed any fee for any BPOs, property inspections or
appraisals after the inception of my loan? [Yes/No]
b. If yes, kindly tell me that date of such BPO, property inspections or appraisal, the amount
paid and provide me with copies of all documents related to each BPO, property inspections
or appraisal conducted on my property including, but not limited to reports, orders, invoices
and canceled checks for payments.
12. Who may I contact to negotiate the purchase and/or repurchase of my promissory note?
13. What is the name and date of the pooling and servicing agreement that governs your servicing of my
loan? Where can I secure a copy of this agreement?
14. Is there any power of attorney ("POA") filed in my property's county or any other county that governs
your relationship with my loan? If yes, kindly identify for me the county where the POA is filed and the
filing (instrument) number, name, and date of the POA.
15. At any time during the term of my loan, did the servicer, master servicer, interim servicer, private
label servicer, default servicer, sub-servicer, and/or special servicer of my loan change? If the answer is
yes, please identify how I was notified of the change of the servicer, master servicer, interim servicer,
private label servicer, default servicer, sub-servicer, and/or special servicer of my loan? Please provide
copies of all written notification of any change of the servicer, master servicer, interim servicer, private
label servicer, default servicer, sub-servicer, and/or special servicer of my loan?
16. At any time during the term of my loan, did the mailing address for making payments change? If yes,
identify how was I notified of the change of the mailing address for making payments. If such notification
occurred in writing, please provide a copy of such notifications.
17. If during the term of my loan the mailing address for making payments changed, what provision was
made to insure that payments made to the previous address were forwarded to the new mailing address,
timely and properly posted to my account?
III
SUSPENSE/UNAPPLIED ACCOUNT QUESTIONS
For the purpose of this section, please treat the terms "suspense account" and unapplied account" as one
in the same.
1. When will the balance of my escrow account for taxes and insurance with an accounting of such funds
be returned to me?
2. Has there been any suspense or unapplied account transaction on my account from inception of my
loan until present date?
a. If yes, why? If no, please skip these questions in this section dealing with suspense and
unapplied accounts.
b. In a spreadsheet or in a letter form in a columnar format, please detail for me each and every
suspense or unapplied transaction, both debits and credits that have occurred on my account
from the inception of my loan until present date.
c. What is my current suspense account balance?
d. Why was my money placed into suspense and how will it be allocated to my loan?
IV
LATE FEE QUESTIONS
1. Has there been any late fee transaction on my account from the inception of my loan until the present
date?
a. If yes, why? If no, please skip the question in this section dealing with late fees.
b. In a spreadsheet or in letter form in a columnar format, please detail for me each and every
late fee transaction, both debits and credits that have occurred on my account from the inception
of my loan until present date?
c. What is my current late fee balance?
2. Have you reported the collection of late fees on my account as interest in any statement to me or the
Internal Revenue Service? [Yes/No]
3. Do you consider the payment of late fees as liquidated damages to you for not receiving my payment
on time? [Yes/No]
5. Please detail for me in writing what expenses and damages you incurred for any allegedly late
payment?
6. Were any of these expenses or damages charged or assessed to my account in any other way?
[Yes/No] If yes, please describe what expenses or charges were charged or assessed to my account?
7. Please describe for me in writing what expenses you or others undertook due to any payment which
you allege I made late.
8. Please identify for me in writing the provision, paragraph, section or sentence of any note, mortgage,
deed of trust or any agreement I signed authorizing the assessment of collection late fees.
Thank you in advance for addressing the question and issues above. Upon receipt of the documents and
answers, an exam and audit will be conducted that may lead to further document requests and questions
to answer under an additional QWR letter.
It is my hope that my immediate question and audit will validate my debt to the penny. If not you will need
to correct and adjust any errors or abuses identified. I also may want to negotiate a purchase price for my
note from my actual lender. I do want a face-to-face meeting to discuss loss mitigation
opportunities.
Last, you must not contact any of my friends, relatives, neighbors or anyone else, and you must not
contact me in any manner except by email and U.S. mail. There is one exception, which is a face-to-face
meeting, which I do want.
With regards,