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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Octavio
Chase Home Finance responded to my QWR after 45 days with just a copy of the note and mortgages.  They stated that my QWR could not be answered fully because they feel that their information is "proprietary".  I asked for the CUSIP for the application along with questions, if relevant, regarding MERS.  I asked securitization questions as well. Identity of the holder in due course, etc.

Basically, I received nothing back than what I had in their complaint.   The QWR I sent was perhaps unreasonable as it was 21 pages long.   Am I allowed to send more than one QWR?  This way I can send a series of smaller requests.  
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Same here, all I get is the note and payment history.   Sent the letter twice, and that was it... and they sent it with an "unsigned" letter.    When I complained to the Federal Reserve Board, they also responded with an "unsigned" letter.   It must be the new fad !!

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Moose
If you made the mistake of filing one of those multi-page QWR letters you found on the 'net, you got what you're going to get because in reality, those kinds of things don't qualify.

Those are almost always too broad, over-reaching and not specific enough to conform to the intent of the RESPA statute.

They are no substitute for discovery in litigation. The intent of RESPA was to resolve rather specific garden-variety disputes and PREVENT routine litigation.

No servicer is going to hand you evidence of their wrongdoing in response to a QWR, nor will they expose details of things their attorney's say are proprietary.

And - their failure to give you answers to over-reaching questions may not trigger a violation of the act - proving it did means you have to file suit and grind them down in discovery.

In my opinion, QWR letters are the fundamental basis for establishing a pattern of behavior OVER TIME. A series of very specific letters raising the issues is vastly more useful than a single broad swipe.

Moose



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Here's what I received from an attorney who I was trying to seek representation from.   He does not practice in my area of N.C. but did send the following:

Send a qualified written request (QWR) and specifically reference 15 U.S.C. 1641(f) (actually part of the Truth in Lending Act) asking BAC to identify the owner of the note and mail by certified mail to substitute trustee and BAC.  Sounds like a Brock & Scott foreclosure.

Thank you for your interest.


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