Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Still Fighting
Someone on here mentioned a couple days ago about what to write on the top of your request for information. If you wrote this on the top of your request they had to respond in 30 days and have it cleared up in 60 days? Something to that effect. I cannot seem to find what thread that was in.
Thanks
SF

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click on SMF home logo at the left top of page and click on it then law library and then legal lounge and look and qwr section and sample letter section that should give basic guide.

Then we can walk though the rest of the questions if we can't find that post.
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Good reference from Greg!

I think the post to which you were referring is probably the post with Message Subject "ACTUARIAL INTEREST? what does it mean" at http:www.wibesitetoolbox.co/tool/post/ssgoldstar/vpost?id=2339262 .

Separarately, you might want to read the Wikipedia page on RESPA at:

http://en.wikipedia.org/wiki/RESPA


Or the HUD RESPA Page at:

http://www.hud.gov/offices/hsg/sfh/res/respa_hm.cfm


Cornell Law School's Legal Information Institute has the full text of the legislation:

http://www.law.cornell.edu/uscode/html/uscode12/usc_sup_01_12_10_27.html


The HUG page also has a sample RESPA Complain to a lender / servicer:

http://www.hud.gov/offices/hsg/sfh/res/reslettr.cfm


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"QUALIFIED WRITTEN REQUEST" must go at the very top of your letter.

This was posted a few days ago:

http://www.tampabays10.com/news/local/article.aspx?storyid=69619 
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Moose
Repost of examples:


THIS ISN'T LEGAL ADVICE.
Your mileage may vary.
Sample QWR letter - guessing at the issues you're facing:



 

Date

 

Servicer

Address (not a PO box)

 

ATTN:  Customer Service

 

Re:      Loan #, your name, property address

        

Subject:  RESPA Qualified Written Request

 

I have reviewed my most recent statement and compared it to my own payment records and have found several discrepancies:

 

Explain in short statements ONE issue at a time and ask for specific individual responses below it.  For examples:

 

The statement dated _________ indicates the account is in default.  This is an error on your part.  We have records showing payments were submitted in a timely manner. Please provide an itemization of the following information for the account:

 

1 - Payments received, showing date receieved, what amounts were applied to principle and interest and the dates they were applied for the last 12 months. Please highlight any payments that you allege were late.

 

2 - Any amounts applied to items other than principle and interest, and a definition of those items and the dates any amounts were applied, if any.

 

 

And/or:

 

Your intererpretation of the method of calculating interest on this account appears to be different than the method as defined in our loan documents.  Please provide the following:

 

1 - A definition of your method of calculating interest on this account, including an itemization of those interest calculations on this loan for the past 12 months.

 

2 - Any documents, agreements or allonges, if any, that would permit interest to be calculated and charged in any method other than what is shown on the original loan documents.  If no such items exist, please indicate that as well.

 

 

 

If you uncover any discrepancies during this analysis, please make the appropriate corrections to the account and report those in your response to this QWR letter.

 

I understand that under RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

 

Regards,

 

 
 
What you're seeking is a letter that demands SPECIFIC explanations. Don't wander off into your interpetations, explanations or assumptions. Keep it as simple as possible so they don't have any wiggle room. You may need more than one letter if you have several issues. Make sure you send them Certified, Return Receipt mail.

Good luck!
 
Moose


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O -

Thanks Moose  Yer Great!

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Still Fighting
Thanks Everyone!!
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can't help them
Moose,
This post was much much appreciated. Sorry forgot to say so.
thx bunches
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