Is your mortgage loan servicer screwing up? Do you keep getting a different explanation on the phone from what is shown on your billing statement? Some other issue with the amount they are claiming is due or owed?
Sending a Qualified Written Request / Notice of Error letter is essential to trigger your rights under RESPA. You are entitled to an explanation — and a pause in adverse credit reporting while you wait.
So what is a QWR?
To qualify as a QWR under RESPA the request needs to be:
- In writing, 12 U.S.C. § 2605(e)(1)(B)
- Provide sufficient information to identify the borrower’s name and account, 12 U.S.C. § 2605(e)(1)(B)(i), and
- Include the reasons for the belief that the account is in error, 12 U.S.C. § 2605(e)(1)(B)(ii).
That’s it! To send a GOOD QWR, you should also:
- Send it via certified mail, return receipt requested
- Include any proof you have that supports your position, such as proof that your payment was received on time and wasn’t late.
- Double-check that you are sending your letter to the correct address (this is not the same address where you mail your payment or is the return address on your bills. It’s a different address, usually buried in the fine print on the back of the statement.
So what’s supposed to happen next? RESPA at §2605 requires that not later than 30 days after receipt of any QWR, the servicer shall make appropriate corrections and provide the borrower with a written explanation. 12 U.S.C. § 2605(e)(2).
In addition to providing a written explanation in response to the QWR, the servicer must cease derogatory credit reporting. 12 U.S.C. § 2605(e)(3).
12 U.S.C. § 2605(e)(3) states: “During the 60-day period beginning on the date of the servicer’s receipt from any borrower of a qualified written request relating to a dispute regarding the borrower’s payments, a servicer may not provide information regarding any overdue payment, owed by such borrower and relating to such period or qualified written request, to any consumer reporting agency . . . .”
This is frequently missed by mortgage furnishers who are taking their sweet time to respond to the QWR and are sloppy with their credit reporting procedures.
But here’s the catch: you can’t just scribble something on the back of your statement and mail it to them. You also can’t just mail it at any old address you have for them.
You must read both sides of each page of your statement and look for the address where they will accept Qualified Written Requests or Notices of Error. This address and information might be buried in the fine print on the back of the mortgage statement.
Sample RESPA QWR qualified written request / notice of error letter
[YOUR NAME, RETURN ADDRESS, phone and email]
Date:
To: [YOUR MORTGAGE LOAN SERVICER]
[SPECIFIC ADDRESS FOR QWR / NOTICE OF ERROR]
RE: Information Request / Notice of Error
Mortgage Loan Number: [Your loan number]
I am writing to request the information described below in regard to the mortgage on my property at [Your home address].
[Describe the issue in clear detail, explaining why you believe they are wrong about something or why you need information, as specifically as you possibly can. Include any evidence that you have that supports your position. If you want them to stop derogatory credit reporting while they are researching your request, state that as well, although they should know this already without prompting from you.]
If you need to contact me to discuss this request, I can be reached at the address above.
Sincerely,
[Your name
Co-borrower’s name]