QWR — 12 U.S.C. 2605(e) -Nice outline

In addition, the QWR must include or otherwise enable the servicer to identify the name and account of the borrower. Id. Upon receipt of a QWR, a servicer must provide a written response acknowledging receipt of the QWR within twenty days. 12 U.S.C. 2605(e)(1)(A).

By: Joshua A. Huber On July 14, 2016, the Fifth Circuit Court of Appeals issued its opinion in In re Parker, holding that a qualified written request ("QWR") pursuant to the Real Estate Settlement Procedures Act, 12 U.S.C. 2605 ("RESPA"), does not encompass a borrower’s written request for proof of a lender’s status as the noteholder, or its authority to collect payments under a.

Accordingly, "This Court will not read the word ‘servicing’ into the statute where it is not, and thus holds that the information sought by the borrower need not relate to servicing to constitute a QWR, and a servicer must fulfill its obligations under 12 U.S.C. 2605(e)(2) regardless of whether such information relates to the statutory.

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 · Moreover, the alleged QWR may not actually be a “qualified written request” pursuant to 12 U.S.C. § 2605(e), as the alleged QWR does not identify any purported errors regarding JPMorgan’s servicing of the Loan. (See Complaint, Exhibit “AH”). See also Ward v.

In particular, mortgage servicers are required, within thirty days of receiving a QWR from a borrower, to "make appropriate corrections in the account of the borrower, including the crediting of any late charges or penalties, and transmit to the borrower a written notification of such correction[.] 12 U.S.C. 2605(e)(2)(A).

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Except as provided under subparagraphs (B) and (C), the notice required under paragraph (1) shall be made to the borrower not less than 15 days before the effective date of transfer of the servicing of the mortgage loan (with respect to which such notice is made).

 · Most relevant here are the requirements that borrowers be given notice by both transferor and transferee when their loan is transferred to a new lender or servicer, 12 U.S.C. § 2605(b) and (c), and that loan servicers respond promptly to borrowers’ written requests for information, § 2605(e).

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