BeschreibungFive Most Common Things That Make Qualified Written Requests Ineffective
1. RESPA Statute Limits
When a QWR lists violations that are outside of the statute of limitations for RESPA, no recourse for damages.
2. Lack Errors or Omissions
Every true QWR must explain what specific errors or omissions that the homeowner is concerned about regarding the loan in the QWR letter.
3. RESPA Provision Requirements
Under RESPA Section 6 by statute QWR applies to only servicers of a mortgage loan. Sending a QWR to the lender does not require the lender to comply. However, the servicer is responsible for contacting the lender to gather information that may be needed in a QWR.
*** Homeowner’s often mistakenly send the QWR to the lender over the servicer!!! **********
4. QWR Lien Requirements
QWR are intended only for first position liens, the first secured mortgage ONLY. If the QWR includes second mortgage, subordinate lien loans, or lines of credit it is invalid as these loans are exempt from all RESPA requirements.
5. QWR That Harass
QWR should never be used to harass the lender through the servicer in any manner. Every QWR must be specific in nature about the concerns of servicing of the loan. A QWR is never intended to delay foreclosure or dispute the validity of a foreclosure. However, if the QWR addresses specifically why the borrower feels that payments are being made to or demanded by the wrong lender it is valid. Only a lender with enforceable security interest has authority to ever foreclose.
Today more homeowners are starting to challenge their foreclosures. Which puts mortgage lending under fire because most homeowners don’t really understand who is the mortgage lender.
When challenging foreclosure it is important to know what role the mortgage servicer plays. This is extremely important because any questions about the loan is required to be directed to the mortgage servicer first. The Real Estate Settlement Procedures Act often referred to as RESPA governs matters concerning questions about loans.
The most widely used method for communicating with mortgage servicers are QWR known as a qualified written request letter which is under RESPA section 6. They are also readily available in generic form online as QWR letter or qualified written request sample. Being very basic and not effective for homeowners who really need to challenge foreclosure.
However, if presented correctly a qualified written request can be a very powerful tool to stop foreclosure indefinitely and force the mortgage lender to reconsider reducing principal interest and restructuring the loan. Sadly, most qualified written request do not ask the right questions about the loan to really challenge foreclosure.
The QWR Attack! was developed by Kyle Ransom a former licensed mortgage broker with over sixteen years experience in the mortgage business. Also the founder of the Go Fight Foreclosure System respected nationwide for helping homeowners to fight foreclosure and win!
Using the QWR Attack! customized form the homeowner is able to select significant potential violations that would be timely to violate RESPA. Explicitly the mortgage servicer must answer the homeowner’s concerns about the loan.
The QWR Attack! is designed to challenge the authority of the mortgage lender to enforce security interest in the loan with authority. Addressing the potential of Robo signers, substitute assignment transfers, and improper mortgage securitization.
This is a real solution to challenge who has enforceable security interest in the loan and stop foreclosure.
Download QWR Attack! to get your copy of this powerful and effective sample form that we used to get results for our clients. plus access to free and important information about foreclosure prevention, identifying wrongful foreclosure, videos and more.