Qualified Written Request (QWR)
The most powerful information demand available under federal law. Forces mortgage servicers to disclose loan history, ownership, and transfers within 30 days or face statutory penalties.
- Stops negative credit reporting for 60 days after receipt
- Forces disclosure of ownership and transfer history
- Creates evidence if they fail to respond properly
- Statutory damages of up to $2,000 plus actual damages for violations
- May delay foreclosure during the response period
Instructions
- Fill in all bracketed fields with your specific information
- Send via Certified Mail with Return Receipt Requested
- Keep copies of everything including the green card
- Calendar 5 days for acknowledgment and 30 days for response
- Document non-response — their failure becomes evidence
Template
[YOUR STREET ADDRESS]
[CITY, STATE ZIP]
[YOUR PHONE NUMBER]
[YOUR EMAIL - OPTIONAL]
[DATE]
SENT VIA CERTIFIED MAIL # [CERTIFIED MAIL NUMBER]
[SERVICER NAME]
Attention: Customer Service - QWR Department
[SERVICER STREET ADDRESS]
[CITY, STATE ZIP]
RE: QUALIFIED WRITTEN REQUEST UNDER SECTION 6 OF RESPA
Loan Number: [YOUR LOAN NUMBER]
Property Address: [PROPERTY ADDRESS]
Dear Loan Servicer:
This is a Qualified Written Request ("QWR") under Section 6 of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2605, and its implementing Regulation X, 12 C.F.R. § 1024.35 and § 1024.36.
I am the borrower on the above-referenced loan. I am writing to request information and documentation regarding the servicing of my loan and to address concerns about the validity and ownership of the alleged debt.
I REQUEST THE FOLLOWING INFORMATION AND DOCUMENTATION:
1. Loan History and Payment Records:
- Complete payment history from the origination of the loan to present, showing all payments received, dates received, and how payments were applied (principal, interest, escrow, fees)
- Current payoff amount with a per diem interest calculation
- Breakdown of any suspense account or unapplied funds
2. Original Loan Documents:
- Copy of the original promissory note with all endorsements and allonges
- Copy of the deed of trust or mortgage
- Copy of the original loan application
- Copy of the HUD-1 Settlement Statement or Closing Disclosure
- Copy of the Truth in Lending Act (TILA) disclosures
- Copy of the Notice of Right to Cancel
3. Ownership and Transfer Documentation:
- Complete chain of title showing all transfers of the promissory note
- All assignments of the deed of trust or mortgage
- Name and address of the current owner/holder of the promissory note
- Name and address of the current beneficiary of the deed of trust
- Documentation establishing your authority to service this loan
4. Securitization Information (if applicable):
- Name of the trust that owns the loan
- Date the loan was securitized
- Copy of the Pooling and Servicing Agreement (PSA)
- Copy of the mortgage loan schedule showing my loan
- Evidence of compliance with the PSA regarding the transfer
5. Accounting and Fees:
- Detailed breakdown of the current balance claimed
- Itemization of all fees, costs, and expenses charged to my account
- Copies of any force-placed insurance policies and premium amounts
- All escrow account analyses for the life of the loan
- Corporate advances made on the account
6. Default and Collection (if applicable):
- All notices of default sent
- All notices of intent to accelerate
- All notices of acceleration
- Validation of the debt as required under FDCPA if you are a debt collector
7. Additional Critical Information:
- Evidence of any Federal Reserve discount window transactions involving my promissory note
- Documentation of the source of funds for the original loan
- Proof of consideration provided by the lender
- All insurance policies (PMI, hazard, etc.) and claims made
- Any credit enhancements or credit default swaps on my loan
ERRORS AND INFORMATION REQUESTS UNDER 12 C.F.R. § 1024.35:
I believe the following errors exist with respect to the servicing of my mortgage loan:
[DESCRIBE ANY ERRORS YOU BELIEVE EXIST - e.g., incorrect payment application, unauthorized fees, improper notices, etc.]
STATUTORY OBLIGATIONS:
Please be advised of your obligations under RESPA:
- You must acknowledge receipt of this QWR within 5 business days
- You must provide a written response within 30 business days
- During the 60-day period after receipt of this QWR, you may not report any overdue payment to any consumer reporting agency
- Failure to comply with RESPA may result in actual damages, statutory damages up to $2,000, and attorney fees
PRESERVATION OF RECORDS:
You are hereby notified to preserve all records, documents, and other evidence relating to this loan, whether in physical or electronic form. This includes but is not limited to all documents referenced in this request, all internal communications, and all data in any system relating to this account.
This request is made to address my concerns about the servicing of my loan and to obtain information necessary to determine the validity of the alleged debt and your authority to collect it. Time is of the essence in your response.
I am exercising my rights under federal law and expect full compliance with your obligations under RESPA. Please provide actual documents, not summaries or account printouts, unless specifically requested otherwise.
Thank you for your prompt attention to this matter.
Sincerely,
_________________________________
[YOUR PRINTED NAME]
Borrower
Date: [DATE]
cc:
Consumer Financial Protection Bureau
[Your State] Attorney General
[Your State] Department of Banking/Financial Regulation
[Your Attorney - if applicable]
What to Expect
Written acknowledgment of receipt of your QWR.
- Substantive written response with documents
- OR explanation why documents cannot be provided
- OR statement that no error occurred (with explanation)
- Document the non-response
- File CFPB complaint
- Consult attorney about RESPA violation claim
- Use as evidence in any foreclosure defense
Post-Mailing Checklist
- Letter sent via Certified Mail with Return Receipt
- Copy of letter kept for records
- Certified mail receipt (green card) preserved
- Calendar marked: 5 days for acknowledgment
- Calendar marked: 30 days for response
- Calendar marked: 60-day credit protection period
- Copy sent to any applicable parties (attorney, agencies)
Legal Citations
12 C.F.R. § 1024.35 — Error Resolution Procedures
12 C.F.R. § 1024.36 — Requests for Information
12 C.F.R. § 1024.38 — General Servicing Policies
12 C.F.R. § 1024.41 — Loss Mitigation Procedures
Related Templates
- Debt Validation Letter — For debt collectors (FDCPA)
- Request for Original Documents — Demand for wet-ink note
- Chain of Title Request — Complete transfer history