RESPA, Real Estate Settlement Procedures Act, has specific provisions which deal with mortgage servicing and generally found in either 12 U.S.C. § 2605 or § 2609. O. Max Gardner III explains in his article, What Does RESPA Have to do with Consumer Bankruptcy Cases?, that the use of RESPA in a chapter 13 bankruptcy case, "can provide the attorney for the Chapter 13 debtor with some of the very best discovery outside of a contested case or Adversary Proceeding."
If you don't know who O. Max Gardner III is, then you've been living under a rock. Without bragging too much about the man I have yet to meet and learn from, he goes on to explain the QWR, or Qualified Written Request for information from your loan servicer. Section 2605 is known as the "Servicer Act," according to Gardner's article, and is where the authority for the QWR arises. It's interesting to note that I recently received a response to a QWR from a law firm, representing Aurora Loan Services LLC ("Aurora"). I don't believe my questions were unreasonable and I certainly did not ask for the "kitchen sink." However, I was on a fishing expedition and did not make note of any servicing problems because quite frankly I had no idea what I would find. So, apparently the loan servicers now have a need for counsel to respond to our inquiries.
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I do like Max's questions and I think attorneys who represent consumers in chapter 13 bankruptcy cases should take full advantage of the information he provides so generously. Thanks Max! I'll see you soon in Boot Camp!
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