The subject of this article is submitting a Competent Written Proposal (QWR) letter under the Real Estate Resolution Procedures Act (RESPA). The applicable laws for RESPA are Article 12, Chapter 27, Sections 2601 through 2617 of the U.S. Code.Have a look at San Diego Estate Settlement Attorney for more info on this.
RESPA notes that homeowners have the ability to send a QWE to their service provider or lender through which they may challenge details found in an account, request information from the service provider or lender, and have the organization respond to their concerns within a fair amount of time. Servicers or lenders do not like sharing those details to a homeowner so addressing the questions may be a serious issue.
Servicers or lenders may not maintain proper records, create errors, and may participate in dishonest servicing activities. The usage of a QWR may be very useful in shining light on these operations in the correct circumstances, which will jeopardize the mortgage case and enable homeowners to seek a loan adjustment or other relief from the servicer or lender.
The servicer or lender shall acknowledge receipt of the QWR in writing within five (5) business days of receipt, unless, according to section 2605 of RESPA, the steps demanded in the QWR are taken within that time.
The QWR shall provide the name and account number of the borrower in the form of a letter delivered by Certified Mail, Return Receipt Requested, which should provide a description of reasons for the borrower’s assumption that, to the degree relevant, the account is in error or provides the servicer with adequate detail with respect to other details demanded by the borrower.
Within thirty (30) business days after receipt of the QWR, the servicer or lender shall make any necessary adjustments to the borrower’s record, including the payment of any late fees or fines, and shall send to the borrower a written note of such adjustment, including the name and telephone number of the servicer’s representative who may assist the borrower.
A failure to comply with any RESPA clause can, in cases of a history or procedure of non-compliance with the provisions of this section, expose a lender or loan servicer to responsibility to the borrower for any direct loss to the borrower as a consequence of the failure, and any other damages as decided by a judge, in a sum up to $2,000.00. They will also be responsible, along with any legal expenses paid in connection with such an action, for the expenses of any successful proceedings, which the court might find to be fair in the circumstances.