Legal Question in Civil Litigation in California

You don't have a right to know who holds your loan. A qualified written request only applies to a claim you have that they have mishandled servicing of your loan. Were payments not applied? Was there some other issue with the handling of your payments that you contend is a violation of section 6 of RESPA? If not, you don't have a leg to stand on and your "qwr" does not even require any response. Did you send it to customer service, or the address you make your loan payments to? If you sent it where you sent your loan payments they can ignore it, too. Are you current on your loan payments? If not, they are completely entitled to foreclose regardless of any section 6 violation. An audit? Unless it shows you are paid in full and it is their error showing you are in default, an audit will do nothing to prevent a foreclosure. The bottom line is that unless you are paid up current in full on the loan they can foreclose on you no matter what other issues or claims you may have against them. Period.

I completely agree with Mr. McCormick. The issue of who holds the loan or is an investor would only be interesting if two separate distinct legal entities claimed that they held the loan. For example, if you were paying the loan to Lender A, and Lender B attempted to foreclose, I think the courts would be interested. I certainly would be interested also, but I've never seen that happen.

It would also be relevant if you didn't owe anything, or owed less than what was claimed.