How To Write a Qualified Written Request
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Do it yourself, or use the letter that we’ve had great success with. Ready to go, just input your specific details and send it off. Don’t be fooled by other letters claiming banks must provide dozens of documents. The bank is only legally obligated to provide certain information and nothing beyond that. We make it simple, brief and to the point; asking for just what can be obtained.

What is a Qualified Written Request?

The Qualified Written Request is a letter that forces your bank or servicer to provide documents or information concerning your loan and to make account corrections, if warranted, or provide information on why they did not, within 60 business days. If you feel that you have had any problem with the servicing of your loan, or that there are any inaccuracies, you have the right to this simple request and it’s highly recommended that you exercise this right.

Under the Section 6 of the Real Estate Settlement Procedure Act (RESPA), every homeowner has this right, and for homeowners in foreclosure it’s vital you take this step to make sure you are being serviced correctly. You’ll see numerous letters like this on the Internet requesting all kinds of information from the bank. While they look great the actual information a bank will provide falls within specific guidelines which our letter provides. Asking for extraneous materials can allow the bank to refuse the request.

Banks (or servicers) routinely make mistakes in the accounting of your escrow account and in the application of payments. This is especially true for homeowners and borrowers that are in foreclosure or behind on their payments. Homeowners in this position may have been making partial payments which can end up in a “suspense account”. They might have recently had the servicer step in and make tax or insurance payments. They may have been in a trial modification or a forbearance plan. All of these create conditions for the servicers to make financial errors that could end up costing you a significant amount of money or cause a servicer to report you delinquent when you may not actually be.

When your bank or servicer receives this loan information request letter, federal law forces them to take specific actions.

  1. The servicer must send a written acknowledgement of your request letter within 20 days of receipt of your complaint
  2. The servicer must resolve the issue by correcting the account if warranted, or providing a reason for its position within 60 days
  3. The servicer must send you a written notice of the actions it took, if any, and why it took those actions
  4. The servicer must provide the name and number of a person or department to contact for further assistance
  5. Upon receipt of this letter your bank must stop reporting delinquent notifications to the credit agencies for the 60 day timeframe, if the dispute involves a borrower’s payments.

This letter allows you to question and challenge the charges and/or the way your loan is being serviced. The servicer often finds that there is in fact an error, giving you a great advantage in coming to better terms with your bank or servicer.

Things To Keep In Mind With a QWR (Qualified Written Request)

  • You should not subtract any disputed amount from your monthly mortgage payments as your servicer may refuse to accept this “partial” payment and might charge a late fee or claim that you are then in default.
  • Send your correspondence to the address the servicer specifies for qualified written requests. You can look on the bank of your mortgage statement or directly contact the bank.
  • Do not include this letter with your mortgage payment. Send it separately by certified mail return receipt.
  • You must continue to make your required mortgage payments and escrow payments during this time.
  • Contact the bank to confirm that they have received this.

 

The Structure For Writing The Qualified Written Request Letter

Just follow this structure along with the description below. Keep in mind that a formal business style and tone is recommended as with all other transactions with your bank.

Statement of the Law + Business Formatting + Professional Tone = SUCCESS

  • Letter Head
  • Certified Mail Return Receipt
  • Qualified Written Request Under RESPA by Borrower
  • Date
  • Name & address of bank/servicer
  • Attn: Mortgage Loan Accounting Department
  • Your name, property address & loan number
  • Brief Introduction: state the type of letter this is and the law under which it is governed; a qualified written request (RESPA)
  • State what you are requesting, e.g.:
    -loan application -right to cancel -adjustable rate note -HUD 1
    -Appraisal -Deed of trust -good faith estimates  -mortgage
    -Truth in lending statements -breakdown of claimed arrears or delinquencies
    -loan history(payments made, fees incurred, etc.) -explanation of rate increases
    -foreclosure fees and costs, amounts, reasons
    -breakdown of current escrow charge; how it is calculated; reasons for increases in last 24 months

  • Reason why you are requesting, e.g.:
    -you believe there have been errors in the application of your mortgage payments or escrow account
    -your interest rate has been increased incorrectly
    -you have been charged a fee or penalty that is incorrect
    -your mortgage payments are not being applied properly
  • Detail conversations with customer service; detail previous actions taken to resolve the issue
  • Indicate the timeframe they must acknowledge the request and resolve the issue; state the failure to comply legal actions that can be taken
  • Signature

The Basics of How To Prepare the Qualified Written Request

This letter has a clear and standard format, so follow the guidelines as carefully as possible. You first need to provide the information that your servicer can use to identify who you are and identify your specific loan. You then identify the type of letter as a Qualified Written Request and describe the questions or concerns you have. Indicate that you understand the federal laws governing the actions that must be taken upon receipt of this letter. If necessary attach copies of related materials and provide your contact information. Let them know you are aware of Section 6 of the Real Estate Settlement Procedure Act and that they must acknowledge receipt within 20 days of this letter.

The Reasons For Requesting This Information

What are valid reasons writing a Qualified Written Request? Every loan and its servicing has its own issues. Just be clear about your concerns or what point(s) you are contesting or questioning. These are some reasons many homeowners use to validate their request.

  • You feel you’ve been unduly charged a penalty or fee by mistake
  • Wrongful increases in monthly payments
  • Deceptively increased the principal balance
  • Escrow account/payment questions
  • Failing to credit you for a payment
  • Charging the wrong interest amount or increasing unlawfully

Key Points to remember

Send via certified mail, return receipt requested

Attach photocopies of any related documents or information

An Effective Tool For Homeowners Being Foreclosed Upon

By using the Qualified Written Request, a borrower may obtain useful information that may assist in a foreclosure situation. By being extremely detailed in your request and applying specific and valid reasons for your complaint you will be able to help protect your home. And remember, while your bank or servicer is investigating your complaint, for the 60 days, they cannot report any overdue payments on your loan to the consumer agencies. And by monitoring the status of your QWR, requesting updates and contacting the proper personnel, you’re doing your due diligence and building leverage against the lender.

And if your servicer fails to meet their lawful duties you need to act. Remember, the following situations are RESPA violations and can be used to your advantage:

  • You do not receive a response in 20 days
  • You do not receive a final response in 60 days
  • Your servicer does not provide their further assistance contact information
  • Your servicer makes unauthorized reports to a credit agency

You need to follow-up on these serious violations to apply more pressure on them and on securing your property. Learn about your homeowner rights and be ready to enforce them. These situations can be used to your advantage as they violate the law your banks must adhere to.


If you’d like, we’re always here to help with our own Request Letter. It’s been written to save you time through the use of an easy to se PDF form. It’s just a download away from forcing the bank to comply with their legally bound requirements. Tested to work effectively!

Try The HomeTitan Qualified Written Request Letter

Do it yourself with the our instructions above or use the letter we’ve crafted that has been tested to work great.