Recently we have seen a trend in the receipt of "form" QWRs. These letters request everything and anything with the servicing and/or origination of the loans. The most recent one is four pages long and lists 35 items that they are requesting (for example, "a copy of the Prospectus offered to invesotrs in the trust"). I did google this and did find several form letters out there and notes that these may provide some leverage in case of foreclosure, etc.

Are others seeing these types of letters and if so how are they handling?

Also under RESPA, is it true that rights regarding a qualified written request only apply to first lien closed-end mortgages and do not apply to HELOCs or subordinate mortgages?

From 3500.21

Mortgage servicing loan means a federally related mortgage loan, as that term is defined in §3500.2, subject to the exemptions in §3500.5, when the mortgage loan is secured by a first lien. The definition does not include subordinate lien loans or open-end lines of credit (home equity plans) covered by the Truth in Lending Act and Regulation Z, including open-end lines of credit secured by a first lien.

Qualified written request means a written correspondence from the borrower to the servicer prepared in accordance with paragraph (e)(2) of this section.

(2) Qualified written request; defined.

(i) For purposes of paragraph (e) of this section, a qualified written request means a written correspondence (other than notice on a payment coupon or other payment medium supplied by the servicer) that includes, or otherwise enables the servicer to identify, the name and account of the borrower, and includes a statement of the reasons that the borrower believes the account is in error, if applicable, or that provides sufficient detail to the servicer regarding information relating to the servicing of the loan sought by the borrower.

(ii) A written request does not constitute a qualified written request if it is delivered to a servicer more than 1 year after either the date of transfer of servicing or the date that the mortgage servicing loan amount was paid in full, whichever date is applicable.


Before jumping through hoops for these "form letters" make sure they meet the definition of a qualified written request.