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Client Name

Client Address Line #1


Client Address Line #2

DATE

Servicer Name
Address Line #1
Address Line #2

RE: Loan #
Borrower(S) Name:
Property Address:
Attention Customer Service:
This is a "qualified written request" under Section 6 of the Real Estate Settlement
Procedures Act (RESPA), 12 USC §2605(e) and request for information under the Truth In
Lending Act 16 USC 1641(f)(2). More specifically, Section 2605(e)(1)(B) states, “a
qualified written request shall be a written correspondence, other than notice on a
payment coupon or other payment medium supplied by the servicer, that (i) includes, or
otherwise enables the servicer to identify, the name and account of the borrower; and
(ii) includes a statement of the reasons for the belief of the borrower, to the extent
applicable, that the account is in error OR provides sufficient detail to the servicer
regarding other information sought by the borrower” (emphasis added).

I am writing because I am seeking information of (PLEASE FILL IN - this is case specific


but examples could be various charges, credits, debits, and transactions) related to the
servicing of my loan from its inception to the present date.
More specifically, I am seeking information to help explain the (PLEASE FILL IN - this is
also case specific but examples could include past due amounts, late charges, certified
mail cost, property inspection fee and title report fee in your Account Statement.)
Furthermore, I have concerns about the proper application of payments and
disbursements made on my behalf as it relates to my escrow account as well as to my
principal and interest on the loan. (PLEASE EDIT AS NEEDED - These following two
sentences may or may not be appropriate depends on if case is in litigation and if
plaintiff is different from original lender. Also, now that my property is in foreclosure and
an entity other than ________________________________, the original lender, is the
plaintiff in that action and in light of all the media reports about alleged improper
transfers of mortgages and note, I am also seeking information to help verify that any
transfer from the original lender to the current one was done properly. Additionally in
this regard, the ownership of the note may also affect your authority to collect payments
and/or negotiate the purchase/repurchase of my promissory note from the actual
lender.
Therefore, in relation to the concerns above and others, I am requesting the following
information:

NOTE AND MORTGAGE QUESTIONS

 The name and address of the owner and holder of the promissory Note signed by
[PLEASE FILL IN client(s) name] and secured by the mortgage loan referenced
above.

 The name and address of the entity that is legally entitled to enforce the
promissory Note signed by the borrower and secured by the mortgage loan
referenced above. If your answer is the same as your answer to #1 above, you
may simply reply “same as #1”.

 The names of all entities to which the promissory Note referenced above has
been sold, negotiated or otherwise transferred at any time, and the dates that
each sale, negotiation or transfer of the Note occurred.

 A copy of the Note referenced above showing all endorsements that have
occurred, together with any allonge that exists to that Note.

 The names of all entities to which my mortgage has been assigned, and the dates
that each assignment occurred.

 A copy of each of the assignments reflecting each assignment referenced in #5


above.

SERVICER ISSUES

 Pursuant to Section 6 of the Real Estate Settlement Procedures Act (RESPA), 12


USC §2605(e) and the Truth In Lending Act, 16 USC 1641(f)(2), provide the name,
address, and telephone number of the owner of the obligation or the master
servicer of the obligation.

 Describe your actual servicing relationship with the loan describing whether you
are the servicer, master servicer, interim servicer, private label servicer, default
servicer, sub-servicer, and/or special servicer.

LOAN TRANSACTION HISTORY

 A complete and original life of loan transaction history current through to the
date of your response to this letter prepared by the Servicer from its own records
using its own system and default servicing personnel. Also, please identify the
mortgage servicing software you use in connection with this loan (MSP, LSAMS,
etc).

 A complete copy of all transaction codes associated with this loan AND full and
complete plain-English definitional dictionary of all transaction codes and other
similar terms used in the records requested above or any of the other documents
or records requested or referred to herein.

SUSPENSE ACCOUNT

 The amount of any funds deposited in any suspense accounts or corporate


advance accounts or any other similar accounts (including the amount and date
of each transaction, the source of funds, and a description of the deposit
account) and a description of all payments from any such accounts including the
date of the payment, the purpose or nature of the payment, and the amount of
each such payment.

 Please identify the current suspense account balance.

 Please give a detailed explanation as to why the funds were placed into a
suspense account and how will these funds be allocated to the loan.

MERS LOAN

 Please attach a copy of all MERS Milestone Reports.

 Please attach a copy of all MIN Reports.

COMMUNICATIONS BETWEEN SERVICER AND BORROWER

 Copies of all collection notes, collection records, communication files or any


other form of recorded data with respect to any communications between you
and the borrower.

REINSTATEMENT/PAY-OFF OF LOAN

 An itemized statement of the full amount needed to reinstate the mortgage as of


the date of your response along with an itemized pay-off statement.

 The current amount needed to pay-off the loan in full in the form of an itemized
printed payoff report.
 Please identify the person I may contact to negotiate the reinstatement and/or
payoff of the loan in full.

ARREARS

 The total amount of any arrears including a complete explanation of the months
in which payments were allegedly missed.

LEGAL FEES

 The amount of any legal fees added to the principal debt in this case or charged
against the account or tracked for any purpose in any account for any legal
services, paralegal services, accounting services, claim preparation services, case
review services, plan review services, or for any other similar service,
professional or otherwise and a copy of the document with reference to the
portion thereof giving the servicer or lender the authority to incur these
expenses and charge them.

 A copy of statements or bills for services submitted and paid by you to any
attorney, law firm or third-party for any form of legal services rendered with
respect to this mortgage loan.

BANKRUPTCY MONITORING FEE

 The amount of any Bankruptcy monitoring fee added to the principal debt or
charged against the account.

INSPECTION/APPRAISAL/BPO FEES

 The amount of any property inspection fees, appraisal fees, property


preservation fees, broker price opinion fees, or other similar fees or expenses
added to the principal debt or charged against the account and a copy of the
document with reference to the portion thereof giving the servicer or lender the
authority to incur these expenses and charge them.

 Please provide copies of all documents related to each property inspection fee,
appraisal fee, property preservation fee, broker price opinion fee or other similar
fees or expenses including, but not limited to, reports, orders, invoices, and
cancelled checks for payments.

 A copy of the document(s), with references to the specific section, which


authorizes the servicer to incur these expenses and charge them to the borrower.

LATE FEES
 The amount of any late fees charged to the account, and in a spreadsheet or in
letter form in a columnar format, please detail each and every late fee
transaction, both debits and credits that were charged on the account from the
date of inception of the loan and include the current late fee balance, along with
a copy of the document with reference to the portion thereof giving the servicer
or lender the authority to incur these expenses and charge them.

CERTIFIED MAIL COST

 The amount of any “Certified Mail Costs” as detailed in the Account Statement,
provide an itemized list of what items were mailed certified, the reason these
were sent certified, to whom and how much was spent on each and a copy of the
document with reference to the portion thereof giving the servicer or lender the
authority to incur these expenses and charge them.

TITLE REPORT FEE

 The amount of any “Title Report Fee” and provide copies of the receipts and
invoices for those expenses, a copy(ies) of the actual title report(s), and a copy of
the document with reference to the portion thereof giving the servicer or lender
the authority to incur these expenses and charge them.

“_________________FEE”

 The amount of any “__________________ Fee” and provide copies of the


receipts and invoices for those expenses, copies of the actual report detailing this
fee, and a copy of the document with reference to the portion thereof giving the
servicer or lender the authority to incur these expenses and charge them.

TRUST/SECURITIZATION

 Please confirm whether this Note has ever been securitized, and if so, provide all
trusts, SPVs, QSPEs, REMICS, and entities that this Note has been assigned to
from its inception to the current date, and identify the current trust, SPV, QSPE,
SPE, REMIC or entity that owns this Note.

 A copy of any master pooling and servicing agreement, master servicing


agreement, primary servicing agreement, default servicing agreement, or sub-
servicing agreement that the creditor has with any party.

 A copy of the Mortgage Loan Purchase and Sale Agreement or similarly labeled
document.
 A copy of the Master Document Custodial Agreement or similarly labeled
document.

 Please identify the name and date of the pooling and servicing agreement that
governs the servicing of this loan.

 Please identify the name of the document custodian that safeguards and holds
my “original” promissory note.

LOSS MITIGATION

 A copy of all of your loss mitigation rules, regulations, and protocols as the same
apply to this loan and a description of your efforts to implement the same in
connection with the servicing of this loan.

You should be advised that you must acknowledge receipt of this qualified written
request within five (5) business days and must respond within thirty (30) business days
pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Section 2605(e)(2), as amended by the
Dodd-Frank Reform Act, effective July 22, 2010.

You should also be advised that I will seek the recovery of damages, costs, and
reasonable legal fees for each failure to comply with the questions and requests herein.
I also reserve the right to seek statutory damages for each violation of any part of
Section 2605 of Title 12 of the United States Code in the amount of $2,000.00 for each
violation.

Thank you in advance for addressing the requests and questions above. I look forward
to receiving your response.

Sincerely,

Client Name

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