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Christine
Board Administrator
Username: Christine

Post Number: 1580
Registered: 09-2002
Posted on Friday, October 31, 2003 - 07:50 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Sample Qualified Written Request Under RESPA After Bankruptcy Filing

[Date]
[Mortgage Co. or Servicer]
RE: [Debtor]
[Debtor’s Address]
[SSN:]
[Bankruptcy No.:]
[File Date:]
[Acct. No.]

To Whom It May Concern:

Please treat this letter as a ‘‘qualified written request’’ under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e).

I am making this request due to my dispute of the amount alleged to be due and owing contained in the [mortgage company’s] notice of default and/or proof of claim filed in my Chapter 13 bankruptcy. Specifically, I am requesting a breakdown of the following pre-bankruptcy and post-bankruptcy information:

1. The monthly principal and interest payment, and monthly escrow payment prior to [date of bankruptcy filing].

2. The monthly principal and interest payment, and monthly escrow payment subsequent to [date of bankruptcy filing].

3. The total unpaid principal, interest and escrow balances due and owing as of [date of bankruptcy filing].

4. For all payments received during the twelve months prior to [date of bankruptcy filing], indicate the amount of the payment, the date received, and how the payment was credited to principal, interest and escrow, and the month to which the payment was applied.

5. The amount, payment date, purpose, and recipient of all foreclosure expenses, late charges, NSF check charges, appraisal, property inspection/preservation, legal fees, and other expenses or costs that have been charged and/or assessed to my mortgage account in the eighteen months prior to [date of bankruptcy filing].

6. The amount, payment date, purpose, and recipient of all foreclosure expenses, late charges, NSF check charges, appraisal, property inspection/preservation, legal fees, bankruptcy/proof of claim fees and other expenses or costs that have been charged and/or assessed to my mortgage account subsequent to [date of bankruptcy filing].

7. The amount, payment date, purpose, and recipient of all escrow items, including but not limited to taxes, water and sewer charges, and forced placed or other insurance premiums, charged and/or assessed to my mortgage account in the eighteen months prior to [date of bankruptcy filing].

8. A breakdown of the current escrow payment showing how it was calculated and the reasons for any increase or decrease in the eighteen months prior to [date of bankruptcy filing].

9. The balance in any suspense account as of [date of bankruptcy filing] and the reason why such funds were deposited in said account.

10. The current interest rate on my mortgage account.

Finally, if you are not the current holder of the note and mortgage relating to my mortgage account, please provide the name and address of said holder and indicate your relationship to this entity.

Thank you for taking the time to acknowledge and answer this request as required by the Real Estate Settlement Procedures Act (sec. 2605(e)).

Very truly yours,

(your name/signature)

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