February 13, 2009

WORD: QWR

Qualified Written Request (QWR)—is a very important tool for anyone who is in default. Under RESPA (Real Estate Settlement Procedures Act, codified as Title we USC & 2605 and Regulation X. 24 CFR & (TILA) 15 U.S.C. & 1601, et seq. The statutes provide penalties and fines for non-compliance or failure to answer your questions. You have the right to ask the lender to conduct an examination of your loan, perform an audit, and to provide complete and accurate documentation of everything related to payments you have made and how all payments have been applied. Lender must respond within 60 days, in writing to your request.

Is a wonderful tool to help you if you are in default on your loan. Under Federal regulations a lender must respond to a request from the borrower to give specific details about how the payments, which have been made, have been applied. It is not necessary that the request is in a specific format or that it contains specific language. It must however: 1) be written 2) include the correct name for borrower(s) 3) include account number. It should be sent certified mail and should be sent to any assignees and/or attorneys who have been affiliated with your account. You may simply ask for an accounting of all payments/disbursements, which have ever been made, or you may choose to use the detailed request provided. Or anywhere in between.

Look for more information on this coming soon to the HOM website: www.HomeOwnershipMatters.com.

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You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

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