Mortgages Analyzed
 
Qualified Written Request

What is a Qualified Written Request (QWR)

Qualified Written Request

Qualified Written Request is a written correspondence sent by the borrower to the lender asking the lender to perform a particular action or provide certain information. QWR can be used to make a complaint or request information from the lender.

QWR is defined by Regulation X, which implements Real Estate Settlement Procedures Act (RESPA). Regulation X also defines how a borrower can file a complaint and how a lender or servicer needs to respond to a QWR.

QWRs can only be sent for first mortgages and not for second mortgages, or HELOCs.

Source :www.MortgagesAnalyzed.com
 

Document Summary

 
Qualified Written Request
Purpose
It is used to file a complaint with the lender or to request information
Use in Mortgages
To file a mortgage related complaint
Other Names
  • RESPA Complaint Letter
  • RESPA Consumer Complaint Letter
  • RESPA QWR
Type
Letter
Provided By
Borrower
Provided To
Lender or the servicer
Notarization Required
No
Signed By
Borrower
Life Cycle Stage
Servicing
Recordkeeping
Not specifically required by RESPA/Reg X, but we recommend retaining for 5 years
Model Form
None
Applicable Laws
CFPB Regulation X. 12 CFR 1024.21
Source :www.MortgagesAnalyzed.com
 

How to file a QWR?

What to Include in the QWR

In order to file a QWR, you must include the information below.

Minimum Requirements as prescribed by law

  1. Full name of all the borrowers that appear on loan documents
  2. Loan number or account number
  3. Description of the error and the reasons why you believe the account is in error. If you are requesting information relating to the servicing of the loan then provide sufficient detail regarding the information you need. In this regard we recommend you include:
    1. The issue or the question you have.
    2. The action you believe the lender should take.
    3. Description of any communication you had with customer service regarding the issue and identify the person with whom you spoke.
    4. Description of any previous steps the borrower may have taken or attempts to resolve the issue.
Source :www.MortgagesAnalyzed.com

Additional Details That We Recommend

  1. Date
  2. Address of the subject property
  3. Mailing address (if different than the subject property)
  4. Contact Phone. Include your day time telephone number in case a customer service representative wishes to contact you.
  5. Signature
  6. Copies of any related materials such as receipts, cancelled checks, or previous letters.
  7. Opening line. You should start the letter with: "This is a qualified written request under Section 6 of the Real Estate Settlement Procedures Act (RESPA)". This ensures that the purpose of the letter is clear.
  8. Closing Line. You should end the letter with: "I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days."
Source :www.MortgagesAnalyzed.com

Recommendations from HUD and CFPB

  1. Send the QWR to the address the lender has set up for receiving QWRs. The address for sending the QWR may be different from the general customer service address or the address for sending monthly payment.
  2. Send the QWR separately to any other letter or the monthly payment.
  3. QWR does not free you from any contractual obligations arising from the mortgage loan. Do not stop or delay the monthly payments or fail to meet any requirements of the loan.
  4. You have the right of action under Section 6 of RESPA, if you suffered damages due to the lender's servicing of the loan.
Source :www.MortgagesAnalyzed.com

For the Lender/Servicer

Servicer's Deadlines

You are required to comply with following timelines:

  1. 20 Business Days for Acknowledgement of Letter: You must acknowledge the receipt of QWR within 20 business days. If within 20 business dates you have addressed the complaint and informed the borrower of the correction or have provided the information requested by the borrower then you are not required to send an acknowledgement letter.
  2. 60 Business Day for Investigation, Correction, and Notification: You have 60 business days to respond to the request made under the QWR.
    1. Make the Correction: If the QWR relates to a complaint then you must complete your investigation and determine if the complaint was valid. For a valid complaint, you must make the correction to the account within 60 business days. Correction may include reversing any applicable penalties or late fees.
    2. Send a Notice: You are also required to send a notice to the borrower within 60 business days to describe how you responded to the QWR. You must provide the information requested by the borrower or an explanation of why the information requested is unavailable or cannot be obtained. For QWRs that relate to complaints you must provide explanation of the corrections made or an explanation of the reasons why you think the account information is correct and the complaint is not valid. The notice must include the name and telephone number of your employee who can provide assistance to the borrower.
Source :www.MortgagesAnalyzed.com

Prohibition from Adverse Credit Reporting

Once you have received a QWR that relates to borrower's payments, you must not provide any adverse information regarding any payment that is the subject of the QWR to any consumer reporting agency.

Separate Address for Receiving QWR

Regulation X allows you to have a separate address for the receipt and handling of QWRs. You may provide this address to the borrower by including it in the Notice of Transfer or by sending a separate notice delivered by first-class mail to the borrower.

Recordkeeping

Recordkeeping is not specifically prescribed for QWRs. However, Regulation X requires recordkeeping of 5 years for a number of provisions. It is recommended to maintain the business records and QWRs for a period of 5years.

Source :www.MortgagesAnalyzed.com

Regulatory References

12 CFR § 1024.21:

(a) Definitions. Qualified written request means a written correspondence from the borrower to the servicer prepared in accordance with paragraph (e)(2) of this section.

(e) (2) Qualified written request; defined.
(i) For purposes of paragraph (e) of this section, a qualified written request means a written correspondence (other than notice on a payment coupon or other payment medium supplied by the servicer) that includes, or otherwise enables the servicer to identify, the name and account of the borrower, and includes a statement of the reasons that the borrower believes the account is in error, if applicable, or that provides sufficient detail to the servicer regarding information relating to the servicing of the loan sought by the borrower.
(ii) A written request does not constitute a qualified written request if it is delivered to a servicer more than 1 year after either the date of transfer of servicing or the date that the mortgage servicing loan amount was paid in full, whichever date is applicable.

Updated: Jul 04, 2013

Comments

comments powered by Disqus
QWR is a written correspondence sent by the borrower to the lender asking the lender to perform a particular action
Finance
Know all there is to know about the US Mortgage Industry. We help you to make a well informed decision.
Finance
Loan Products
Confused about the choosing right loan product for you? We help you decide the loan product that suits your needs best.
Loan Products
Documents
Here you will find all there is to know about the forms, papers & documents required for Home Loan Mortgage and much more.
Documents
Regulation
List of all the Regulations related to US Mortgage Industry.
Regulations