The Real Estate Settlement Procedures Act (“RESPA”) is a federal law that give you the right to get information about your mortgage loan through a Qualified Written Request addressed to the servicer. Under new rules effective January 2014, your servicer has to ackowledge your request within 5 days of recieving it and must respond within 30 days. Information regarding the owner of your note has to be provided within 10 days of receiving your request.
The New RESPA Rules recognize two different kinds of requests, including:
1. A Request for Information; and,
2. A Notice of Error.
To make a request, all you have to provide the following information:
1. The Name of the Borrower;
2. The Account Number of the Loan; and,
3. A Description of the Information Requested.
The New RESPA Rules have eliminated the hassle of finding the address information of your servicer. Your servicer has to provide their address on its website and in any communications to you. The New law also imposes penalties on the servicer and lender, including:
1. Any actual damages caused by the failure;
2. A statutory penalty of $2000 if the failure is shown to be part of a pattern of noncompliance; and,
3. Reasonable attorneys fees and other costs of a law suit.
Here is a sample request that you or your attorney can be used:
Re: Loan Number
Property Address:
Dear Representative:
You are the servicer of our mortgage loan secured by the property at the address above.
This is a Request for Information under Reg. X §1024.36.
With respect to this loan, please provide the following:
1. A payment history that can be easily read showing dates and amounts of all payments
and transaction credited or debited to this account.
2. A breakdown of the amount of claimed arrears or delinquencies on our account, including
an itemization of all fees and charges you claim are currently due;
3. The payment dates, purpose of payment, and recipient of any and all foreclosure fees and
costs that have been charged to our account or have been advanced on our behalf since
you’ve serviced our loan;
4. The payment dates, purpose of payment, and recipient of all escrow items charged to our
account since you’ve serviced our loan;
5. A breakdown of the current escrow charge showing how it is calculated and the reasons
for any increase within the last twenty-four months;
6. A copy of any annual escrow statements, and notices of a shortage, deficiency, or
surplus, that were sent to us within the last three years;
7. The current balance in any suspense account and the reason why such funds were
deposited in the account; and,
8. The amount necessary to pay off this loan in full as of the first of this month.
Please acknowledge receipt of this letter as required by RESPA.
I look forward to the timely receipt of the information requested.
Very truly yours,