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).
Section 6(e) of RESPA, 12 U.S.C. 2605(e), imposes requirements on a loan servicer whenever it receives a “qualified written request” (QWR) from the borrower (or the borrower’s agent). A QWR must be in writing on something other than a payment coupon or other payment medium supplied by the servicer.
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The Prices allege that ASC violated § 2605(e)(2)(C)(i) which provides that, following receipt of an inquiry, the servicer shall conduct an investigation and then provide the borrower with the information requested, or an explanation of why the requested information is unavailable or cannot be provided by the servicer. 12 U.S.C. § 2605(e)(2)(C.
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· Section 6(e) of RESPA, 12 U.S.C. 2605(e), imposes requirements on a loan servicer whenever it receives a “qualified written request” (QWR) from the borrower (or the borrower’s agent). A QWR must be in writing on something other than a payment coupon or.
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· 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).
· See 12 U.S.C. § 2605(c) (requiring transferee servicer to notify the borrower of the transfer within 15 days of the effective date of transfer, with certain exceptions); 12 U.S.C. § 2605(d) (prohibiting transferee servicer from imposing a late fee if borrower’s payment is received by the transferor servicer before the payment due date).
Copies of all loan documents available under 12 U.S.C. $2605 have been enclosed in response to paragraph 1 of the first series of numbered requests. This request is respectfully declined, as it seeks documentation andor information beyond that which is available through a "qualified written request" made under 12 U.S.C. $2605.
Under the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. 2605(e), a borrower may send a Qualified Written Request ("QWR") to a mortgage servicer, which triggers certain obligations of the servicer.