Legal Question in Civil Litigation in California
In response to a question i asked about qwr...this also involves a preditory lending situation...
1 Answer from Attorneys
Again, the qwr does NOT relieve you of the obligation to make payments on the debt as required, unless and until you get a court order to the contrary. The HUD website on qwr's itself makes that very clear. QWR's are about section 6 of RESPA, and ection 6 is about loan servicing, not predatory lending. So the qualified written request does not even apply to that. The loan being sold and refusal to identify the beneficial holder of the debt is NO defense to non-payment, nor is any predatory lending claim until a court agrees with you enough at least to issue an injunction. If you are not current on the payments, and do not have an injunction, nothing will protect you from foreclosure and the foreclosure if it goes through will almost certainly be irreversible.