Legal Question in Real Estate Law in California

A QWR must be answered for a first mortgage or deed of trust, but an answer is not required for second loans or lines of credit. In addition, the addressing of the letter and its format may be relevant to whether you get a response or not. The following instructions are from an official U.S. Government web site:

"The following is a sample qualified written request from you, the borrower, to a lender. Use this format to address complaints under the Real Estate Settlement Procedures Act (RESPA). Be sure to read more about RESPA, and your rights under this Act, elsewhere on the RESPA site.

Attention Customer Service:

Subject: [Your loan number]

[Names on loan documents]

[Property and/or mailing address]

This is a "qualified written request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing because:

�Describe the issue or the question you have and/or what action you believe the lender should take.

�Attach copies of any related written materials.

�Describe any conversations with customer service regarding the issue and to whom you spoke.

�Describe any previous steps you have taken or attempts to resolve the issue.

�List a day time telephone number in case a customer service representative wishes to contact you.

I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

Sincerely,

[Your name]

REMEMBER: This letter SHOULD NOT be included with your mortgage payment, but should be sent separately to the customer service address.

You SHOULD continue to make the required mortgage and escrow payment until the request is resolved."