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Date: ______________________
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NUMBER:
XXXXXXXXX
Your Name
Any Street
Any Town, Any State 99999
Your Lender
Any Street
Any Town, Any State 99999
1RE: Loan Number XXXXXX
TO WHOM IT MAY CONCERN:
This is a “Qualified Written Request” under the provisions of the Real Estate Settlement
Procedures Act (RESPA) as stated in Title 12 United States Code, Chapter 27.
I am writing to request the following:
(1) Copies of ALL documents pertaining to the origination of our mortgage including
our loan application, Right to Cancel, Deed of Trust, note including all endorsements,
allonges or other indicia of all transfers since the note was signed, adjustable rate note,
Truth in Lending statements, Good Faith Estimate (GFE), HUD 1, appraisal including
comparable properties, which were used to arrive at the value for the above loan, and all
required disclosures. These copies should be legible and all documents shall be copied in
their entirety.
(2) The date your firm began servicing the loan.
(3) The previous servicer of this loan.
(4) A copy of the loan history including the current interest rate on the loan, all
payments made, all fees incurred, what has been paid out of the escrow account, and how
all payments were applied.
(5) A breakdown of the current escrow charges showing how it is calculated and the
reasons for any increase within the last 24 months and a statement indicating which
covenants of the mortgage and/or note authorize each charge.
(6) Please provide a copy of all trust agreements pertaining to this account.
1
(7) If this account is registered with MERS, state its MIN number.
(8) Please provide a copy of all manuals pertaining to the servicing of this account.
All of the above listed information should cover the entire life of the loan.
We hereby dispute all late fees, charges, inspection fees, property appraisal fees,
compulsory insurance charges, legal fees, and corporate advances charged to this
account.
We have reason to believe that either, the loan terms were misrepresented to us at the
time of closing, or our payments made to the servicer on this note were inaccurately
charged, and/or posted, causing unnecessary financial and emotional stress to us.
If the servicer did charge and apply payments properly, then we have a reasonable
suspicion that the loan terms may have been modified after signing.
We are particularly concerned about the time period after __________, after payments
started increasing. It was at this time that ___________became ill, and was not able to
return to work for ________ (until __________). During this time, unfortunately our
financial reserves were drained, and we were forced to shuffle payments to avoid
foreclosure, car repossessions, utility shutoffs, etc. It has been a constant battle since that
time.
Until recently we have stayed in contact with numerous people within your customer
service departments, loss mitigation departments, and recently in the process of trying to
bring this loan current, or attempting to renegotiate this loan. I was advised that someone
would contact me and there would be no problem getting assistance to bring the account
current. I had not heard from your customer service department again, and recently
contacted your customer service department. It was then that I was told that it would be
possible to negotiate and receive an offer to bring the loan current, but was never told on
the phone what specifically that compromise was; just that someone would be in contact
with us.
We both feel that we have been very proactive in keeping our family home. We do not
want to lose our family home, and an application for a hardship withdrawal is in hand, to
bring the loan current. We must have a letter with an amount to bring the loan current,
and after an industry professional reviews all documents, and agrees that the amount on
the letter is accurate, we will be making payment to bring the loan current.
Both ___ and I have been given the runaround by your voice recognition call routing
system on numerous occasions. I have talked to various agents with different versions of
what the loan modification process really entails. I have been re-routed to the wrong
department or individual, dozens of times. This letter should serve, once and for all, to
get the proper answers from your company.
2
I understand that under RESPA you are required to acknowledge my request within 5
business days and must respond or try to resolve the issue within 30 business days, unless
you notify me of the reasons for the delay before the expiration of the 30 business days,
in that case you are allowed an additional 15 business days.
Feel free to contact me at XXX-XXX-XXXX should you require any additional
information or wish to discuss this matter in more detail.
In closing we are not trying to get out of paying the loan, we are only interested in getting
the loan current and making timely payments for the remaining duration of the loan.
Very truly yours,
______________________
Be sure to modify the wording in this letter for your
particular situation. Do NOT just use the wording in this
sample unless it definitely applies to you. The letter should be
sent by Certified Mail, Return Receipt Requested.
To subscribe to my FREE California weekly legal
newsletter visit http://www.legaldocspro.net/newsletter.htm
and enter your e-mail address. Be sure to remove these notices
before using this document. To view many more sample legal
documents created by me, visit the following website:
http://www.scribd.com/legaldocspro/documents
3
4

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Sample Qualified Written Request letter pursuant to RESPA

  • 1. Date: ______________________ VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NUMBER: XXXXXXXXX Your Name Any Street Any Town, Any State 99999 Your Lender Any Street Any Town, Any State 99999 1RE: Loan Number XXXXXX TO WHOM IT MAY CONCERN: This is a “Qualified Written Request” under the provisions of the Real Estate Settlement Procedures Act (RESPA) as stated in Title 12 United States Code, Chapter 27. I am writing to request the following: (1) Copies of ALL documents pertaining to the origination of our mortgage including our loan application, Right to Cancel, Deed of Trust, note including all endorsements, allonges or other indicia of all transfers since the note was signed, adjustable rate note, Truth in Lending statements, Good Faith Estimate (GFE), HUD 1, appraisal including comparable properties, which were used to arrive at the value for the above loan, and all required disclosures. These copies should be legible and all documents shall be copied in their entirety. (2) The date your firm began servicing the loan. (3) The previous servicer of this loan. (4) A copy of the loan history including the current interest rate on the loan, all payments made, all fees incurred, what has been paid out of the escrow account, and how all payments were applied. (5) A breakdown of the current escrow charges showing how it is calculated and the reasons for any increase within the last 24 months and a statement indicating which covenants of the mortgage and/or note authorize each charge. (6) Please provide a copy of all trust agreements pertaining to this account. 1
  • 2. (7) If this account is registered with MERS, state its MIN number. (8) Please provide a copy of all manuals pertaining to the servicing of this account. All of the above listed information should cover the entire life of the loan. We hereby dispute all late fees, charges, inspection fees, property appraisal fees, compulsory insurance charges, legal fees, and corporate advances charged to this account. We have reason to believe that either, the loan terms were misrepresented to us at the time of closing, or our payments made to the servicer on this note were inaccurately charged, and/or posted, causing unnecessary financial and emotional stress to us. If the servicer did charge and apply payments properly, then we have a reasonable suspicion that the loan terms may have been modified after signing. We are particularly concerned about the time period after __________, after payments started increasing. It was at this time that ___________became ill, and was not able to return to work for ________ (until __________). During this time, unfortunately our financial reserves were drained, and we were forced to shuffle payments to avoid foreclosure, car repossessions, utility shutoffs, etc. It has been a constant battle since that time. Until recently we have stayed in contact with numerous people within your customer service departments, loss mitigation departments, and recently in the process of trying to bring this loan current, or attempting to renegotiate this loan. I was advised that someone would contact me and there would be no problem getting assistance to bring the account current. I had not heard from your customer service department again, and recently contacted your customer service department. It was then that I was told that it would be possible to negotiate and receive an offer to bring the loan current, but was never told on the phone what specifically that compromise was; just that someone would be in contact with us. We both feel that we have been very proactive in keeping our family home. We do not want to lose our family home, and an application for a hardship withdrawal is in hand, to bring the loan current. We must have a letter with an amount to bring the loan current, and after an industry professional reviews all documents, and agrees that the amount on the letter is accurate, we will be making payment to bring the loan current. Both ___ and I have been given the runaround by your voice recognition call routing system on numerous occasions. I have talked to various agents with different versions of what the loan modification process really entails. I have been re-routed to the wrong department or individual, dozens of times. This letter should serve, once and for all, to get the proper answers from your company. 2
  • 3. I understand that under RESPA you are required to acknowledge my request within 5 business days and must respond or try to resolve the issue within 30 business days, unless you notify me of the reasons for the delay before the expiration of the 30 business days, in that case you are allowed an additional 15 business days. Feel free to contact me at XXX-XXX-XXXX should you require any additional information or wish to discuss this matter in more detail. In closing we are not trying to get out of paying the loan, we are only interested in getting the loan current and making timely payments for the remaining duration of the loan. Very truly yours, ______________________ Be sure to modify the wording in this letter for your particular situation. Do NOT just use the wording in this sample unless it definitely applies to you. The letter should be sent by Certified Mail, Return Receipt Requested. To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove these notices before using this document. To view many more sample legal documents created by me, visit the following website: http://www.scribd.com/legaldocspro/documents 3
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