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Regulation X of RESPA

Are you concerned with the trustworthiness of your loan servicer?

Are you having trouble getting information about your mortgage from your loan servicer?

Are you tired of making phone calls to your mortgage company and spending many unproductive hours on the phone just to eventually get lost in an automated system, or worse, disconnected?

Did your loan servicer recently change?

Do you have questions or concerns about the “amount owed” indicated on your monthly mortgage statement?

Did your monthly payment or mortgage balance suddenly increase and you don’t know why?

INFORMATION IS POWER.

LET US EMPOWER YOU IN YOUR RELATIONSHIP WITH YOUR LOAN SERVICER.

At Saavedra Goodwin we understand that navigating your relationship with your mortgage lender and mortgage servicer by yourself can be confusing, frustrating and stressful. Our Florida QWR attorneys are here to help you get the answers to your questions.

We have all seen the reports of abuse in the mortgage lending and servicing industries. Consumers (borrowers) are often left suffering from these abuses. In 2014, The Consumer Financial Protection Bureau (CFPB) implemented amendments to Regulation X of the Real Estate Settlement Procedures Act (RESPA), giving borrowers more rights and to make it easier to get the information you need and deserve. After all, it’s your mortgage!

Under Regulation X of the Mortgage Servicing Act under RESPA, you, or someone acting on your behalf, are entitled to submit a “Qualified Written Request” (QWR) with respect to fees being assessed on your loan, the manner in which payments are being documented and applied to the loan balance, and the manner in which the servicer is performing its servicing functions, including how loan modification applications are handled and reviewed.

SG utilizes Regulation X of RESPA (“Reg X”), specifically 12 C.F.R. 1024.35 and 12 C.F.R. 1024.36 to obtain your servicing records for you so you can learn answers to many of your questions, including the following:

Who owns my mortgage loan?

How have my payments been applied?

What is each and every charge added to my account for taxes, insurance, property preservation, appraisals, and other items?

Has the servicing of my mortgage ever been transferred? If so, when?

Our attorneys take the servicer’s obligations under Regulation X very seriously. In fact, we are one of the only law firms in the country that file lawsuits against loan servicers strictly for the servicer’s failure to comply with Regulation X.

Pursuant to Reg X, the loan servicer has the following specific obligations:

  1. Send a written acknowledgement of its receipt of the QWR within five (5) business days of receipt (12 C.F.R 1024.36(c)).
  2. If a payoff balance is requested, it must be provided within seven (7) business days pursuant to 15 U.S.C 1639(g) and 12 C.F.R. 226.36(c)(1)(iii).
  3. If the identity and contact information of the investor is requested, it must be provided within ten (10) business days pursuant to 12 U.S.C. 1605(k)(1)(D).
  4. If any information requested in the QWR is not available to the loan servicer, a written response advising of same and providing the basis of that determination is required within thirty (30) business days pursuant to 12 C.F.R. 1024.36(d)(1)(ii).
  5. The remainder of the QWR must be responded to in writing within thirty (30) business days pursuant to 12 C.F.R. 1024.36(d)(ii)(2)(B) (although the servicer can timely invoke a 15-business day extension of this deadline).

In the event the servicer misses one or more of these statutory deadlines, a complaint may be filed in either Sate of Federal Court seeking the documents or information asked for, recoupment of actual damages for the violation, and/or statutory damages up to $2,000.00 if the borrower can show a “pattern and practice of noncompliance” pursuant to 12 U.S.C. 2605(f)(1)(A), as well as an award of attorneys’ fees if successful.

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FREQUENTLY ASKED QUESTIONS

  1. What's the difference between a mortgage lender and a servicer?

Answer: Your mortgage lender is the financial institution that loaned you the money. Your mortgage servicer is the company where you send your payments. Your servicer also handles the day-to-day tasks for managing your loan. Your servicer typically processes your loan payments, responds to borrower inquiries, keeps track of principal and interest paid, manages your escrow account (if you have one) and may initiate foreclosure if you miss too many loan payments. Your servicer may or may not be the same company that gave you your loan.[1]

  1. What is a Qualified Written Request (QWR)?

Answer: A Qualified Written Request, or QWR, is written correspondence that you or someone acting on your behalf can send to your mortgage servicer to request information about the servicing of your mortgage loan or to assert that the company has made an error in the servicing of your mortgage loan.

  1. What is “servicing” of my loan and what type of information or documents can I expect to receive from Saavedra Goodwin sending a QWR on my behalf?

Answer: Mortgage servicing involves many activities, such as billing and collecting payments, handling the escrow of taxes and insurance, performing default counseling, default resolution, foreclosure and bankruptcy efforts. Although every servicer is different, you can generally expect to receive the following documents to the extent they are available for your loan:

Copy of your Promissory Note and Mortgage

Truth-in-Lending Disclosures

Settlement Statement (HUD-1)

Appraisal Reports

A line-by-line history of charges and payments on your account

Escrow Account Disclosure Statements

Mortgage Statements

Loan Modification Agreements

Internal notes relating to contact between you and the servicer

Payoff and reinstatement figures

Letter correspondence

Assignment(s) of your Mortgage

  1. When can I expect to receive my loan servicing documents?

Answer: By law, your servicer has thirty (30) business days from its receipt of the QWR to provide most of the documentation. If done timely, the servicer can elect to extend that deadline for an additional fifteen (15) business days.

  1. What gives me the right to obtain this information?

Answer: A QWR is permitted pursuant to the Real Estate Settlement Procedures Act (RESPA) Regulation X, and Regulations promulgated by the CFPB.

  1. Why would I want a QWR sent to my loan servicer on my behalf?

Answer: There are many reasons individuals may want to submit QWRs to their loan servicers, including:

  1. To assist with the loan modification application and process;
  2. To ensure that your mortgage loan was properly boarded following a transfer of your mortgage loan servicing rights;
  3. To ensure your payments are being properly applied;
  4. To determine whether you are being assessed any questionable or unknown fees in connection with the servicing of your mortgage loan;
  5. To find out who actually owns your mortgage loan;
  6. To obtain payoff information for your mortgage loan
  1. What if I am in foreclosure, can I still have SG send a QWR for me?

Answer: Yes. Regardless of whether you are current on your mortgage loan or whether you are in foreclosure, you have the right to send a QWR to your loan servicer.

  1. What if I am not in default on my mortgage loan but I want this information anyway, can SG send a QWR on my behalf?

Answer: Yes. Regardless of whether you are current on your mortgage loan or whether you are in foreclosure, you have the right to send a QWR to your loan servicer.

  1. I already have a lawyer representing me on my loan modification, short sale or foreclosure. Can I still have SG send a QWR on my behalf?

Answer: It depends on the scope of your representation agreement with your lawyer. SG welcomes referrals from other law firms and frequently works in conjunction with those firms to ensure your loan servicer is properly handling your mortgage loan. If you are already represented, we recommend discussing this matter with your lawyer before determining how to proceed.

  1. By hiring SG to send a QWR on my behalf, is SG now my lawyer for purposes of loan modification, short sale or foreclosure representation?

Answer: No. SG focuses exclusively on your rights and your loan servicer’s obligations with respect to QWRs. SG makes expressly clear in all written communications with your loan servicer that SG’s representation is strictly limited to the materials requested in your QWR and any subsequent Notices of Error (“NOEs”) resulting therefrom.

  1. What loan servicers has Saavedra Goodwin sent QWRs to on behalf of clients?

Answer:

  • 21st Century Mortgage
  • Bank of America
  • Bayview Loan Servicing
  • BB&T
  • BSI Financial
  • Caliber
  • Carrington Mortgage Services
  • Cenlar
  • Chase Bank
  • CitiMortgage
  • DiTech
  • Everhome Mortgage
  • Fay Servicing
  • First Federal Bank of Florida
  • First National Bank of Pasco
  • Flagstar
  • Franklin American Mortgage
  • Gregory Funding
  • HomeBridge Financial
  • Household Finance Corp.
  • Lakeview Loan Servicing
  • Loan Care
  • Loan Depot
  • M&T Bank
  • Midfirst Bank
  • Nationstar
  • New York Community Bank
  • Ocwen Loan Servicing
  • PennyMac
  • PHH Mortgage
  • PNC Bank
  • Quicken Home Loans
  • Santander Bank
  • Select Portfolio Servicing (SPS)
  • Selene Finance
  • Seterus
  • Shellpoint Mortgage
  • Specialized Loan Servicing (SLS)
  • Statebridge
  • Suntrust
  • TD Bank
  • Trustmark National Bank
  • Tyndall Federal Credit Union
  • United Guaranty
  • US Bank
  • USBA
  • Veterans United Mortgage
  • Watson Mortgage Corp.
  • Wells Fargo
  • Whitney Bank
  1. I have a Home Equity Line of Credit or a Reverse Mortgage. Can Saavedra | Goodwin send a QWR on my behalf for these loans?

Answer: Unfortunately, for HELOCS and Reverse Mortgages, your loan servicer is not required to provide any response whatsoever to a request for information for these types of loans. But for all other home loans, we can help.

HAVE MORE QUESTIONS? DO YOU WANT TO KNOW THE “NUTS-AND-BOLTS” OF HOW YOU CAN SEND A QWR TO YOUR LOAN SERVICER? SIGN UP TO RECEIVE OUR FREE QWR SPECIAL REPORT THAT ANSWERS THE 5 MOST FREQUENTLY ASKED “NUTS-AND-BOLTS” QUESTIONS ABOUT THE QWR PROCESS AND THAT WILL SHOW YOU HOW TO SEND A QWR TO YOUR LOAN SERVICER.

  1. How do I begin?

Answer: Click HERE to fill out a form with your name and email address and we’ll send you an email with additional information and your free QWR Special Report.

[1] https://www.consumerfinance.gov/ask-cfpb/whats-the-difference-between-a-mortgage-lender-and-a-servicer-en-198/