By: Joshua A. Huber On July 14, 2016, the Fifth Circuit Court of Appeals issued its opinion in In re Parker, holding that a qualified written request ("QWR") pursuant to the Real estate settlement procedures act, 12 U.S.C. 2605 ("RESPA"), does not encompass a borrower’s written request for proof of a lender’s status as the noteholder, or its authority to collect payments under a.

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.

This case held that allegations of a forged deed and irregularity with respect to recording did not relate to servicing as it is defined in 12 U.S.C. Section 2605(i)(3), and that only servicers are required to respond to a QWR under 12 U.S.C. Section 2605(e)(1)(A). Morequity, 118 F. Supp. 2d at 901.

Debtors Lose Lawsuit In Bankruptcy Court Against Bank. than the Trustee from exercising the various "strong arm" powers outline in Chapter 5.. be a "qualified written request" pursuant to 12 U.S.C. 2605(e), as the alleged QWR does not identify any purported errors regarding.

Section 6(e) of RESPA, 12 U.S.C. 2605(e), imposes requirements on a loan servicer whenever it receives a "qualified written request" (QWR) from the borrower (or the borrower’s agent). A QWR must be in writing on something other than a payment coupon or other payment medium supplied by the servicer.

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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).

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Section 6(e) of RESPA, 12 U.S.C. 2605(e), imposes requirements on a loan servicer whenever it receives a "qualified written request" (QWR) from the borrower (or the borrower’s agent). A QWR must be in writing on something other than a payment coupon or other payment medium supplied by the servicer.