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12 C.F.R. 1024.36 outlines requests for information, under which a servicer must provider certain requested information pursuant to a QWR. Pursuant to 12 U.S.C. 2605(e), "Duty of loan servicer to respond to borrower inquiries," any loan servicer of a federally related mortgage loan who receives a qualified written response from a borrower.
The provisions of subparagraphs (A) and (B) shall not apply to any assignment, sale, or transfer of the servicing of any mortgage loan if the person who makes the loan provides to the borrower, at settlement (with respect to the property for which the mortgage loan is made), written notice under paragraph (3) of such transfer.
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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).
Trujillo et al v. Anson Street LLC et al, No. 1:2018cv00134 – Document 17 (D. utah 2019) case opinion from the District of Utah US Federal District Court
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Accordingly, "This Court will not read the word ‘servicing’ into the statute where it is not, and thus holds that the information sought by the borrower need not relate to servicing to constitute a QWR, and a servicer must fulfill its obligations under 12 U.S.C. 2605(e)(2) regardless of whether such information relates to the statutory.
sufficient detail to the servicer regarding other information sought by the borrower.” 12 U.S.C. § 2605(e)(1)(B). A mortgage servicer must confirm receipt of a QWR and, within thirty days, investigate whether any errors exist and respond with its findings. Id. § 2605(e)(2). According to the Trujillos, Shellpoint’s response was deficient.
In particular, mortgage servicers are required, within thirty days of receiving a QWR from a borrower, to "make appropriate corrections in the account of the borrower, including the crediting of any late charges or penalties, and transmit to the borrower a written notification of such correction[.] 12 U.S.C. 2605(e)(2)(A).