A Qualified Written Request (QWR) is your legal tool to force mortgage servicers to explain your account, produce documents, and answer questions. Under RESPA, they must acknowledge it in 5 days and respond in 30. Failure creates liability.
12 CFR 1024.36
RESPA Authority
5 Days
Acknowledge
30 Days
Full Response
$2,000
Pattern Damages
What is a Qualified Written Request?
A QWR (also called a "Request for Information" or "RFI") is a formal written request to your mortgage servicer demanding information about your loan. Under 12 CFR 1024.36, servicers are legally obligated to respond—it's not optional.
Two Types of Written Requests
Request for Information (RFI)
Demands documents and information: payment history, escrow records, correspondence, ownership chain, etc. 12 CFR 1024.36
Notice of Error (NOE)
Asserts the servicer made a mistake and demands correction: misapplied payment, wrong fees, credit reporting error. 12 CFR 1024.35
Pro Tip: Send Both Together
When disputing a servicer action, send BOTH an RFI (requesting supporting documents) and an NOE (demanding correction). This creates maximum legal exposure if they fail to respond properly.
Response Deadlines
RESPA imposes strict deadlines on servicers:
5
Business Days
Servicer must acknowledge receipt in writing
30
Business Days
Servicer must provide substantive response
15
Day Extension
Can extend to 45 days with written notice
What Counts as a "Response"?
For RFI: Must provide the requested information OR explain why they can't (with specificity)
For NOE: Must correct the error OR explain why they believe no error occurred
Not acceptable: Form letter acknowledging receipt, "we're looking into it," or silence
What to Request in Your QWR
Be specific. Request everything relevant to your situation:
Payment & Account Information
Complete payment history from loan origination (or servicing transfer)
All suspense account entries and dispositions
Itemization of all fees assessed
Current payoff statement
Escrow Records
All escrow analyses performed
Tax and insurance disbursement records
Force-placed insurance policies and premium invoices
Loan Documents
Copy of promissory note with all endorsements
Copy of deed of trust
All loan modification agreements
Servicing transfer records
Communications
All correspondence to and from borrower
Collection call logs and notes
Loss mitigation application records
During Investigation
While your Notice of Error is pending (within 30/45 days), the servicer cannot furnish adverse credit information to credit bureaus about the disputed amount. This is automatic protection under RESPA.
Sample QWR / Request for Information
[Your Name]
[Your Address]
[City, State ZIP]
[Date]
Via Certified Mail, Return Receipt Requested
[Servicer Name]
Attn: Qualified Written Request / RESPA Compliance
[Servicer Address]
[City, State ZIP]
Re: Qualified Written Request Under 12 U.S.C. § 2605 and 12 CFR 1024.36
Loan Number: [LOAN NUMBER]
Property: [PROPERTY ADDRESS]
Dear Sir or Madam:
This is a Qualified Written Request ("QWR") and Request for Information ("RFI") pursuant to the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(e), and its implementing regulation, 12 CFR 1024.36.
REQUESTED INFORMATION:
Please provide the following within 30 business days:
1. PAYMENT HISTORY
Complete payment history from [DATE - origination or transfer] to present, showing:
- Date and amount of each payment received
- How each payment was applied (principal, interest, escrow, fees)
- All suspense account entries
2. FEE ITEMIZATION
Complete itemization of all fees assessed, including:
- Late charges (with dates and amounts)
- Inspection fees
- Attorney fees
- Property preservation fees
- Any other charges
3. ESCROW RECORDS
- All escrow analysis statements
- Tax disbursement records
- Insurance disbursement records
- Force-placed insurance policies and invoices (if any)
4. LOAN DOCUMENTS
- Copy of the Note with all endorsements and allonges
- Copy of the Deed of Trust/Mortgage
- All assignments of the mortgage
- Servicing transfer records (from prior servicer)
5. CORRESPONDENCE
- All written communications sent to or received from borrower
- All loss mitigation application documents
- Collection notes and call logs
6. CURRENT ACCOUNT STATUS
- Current payoff amount
- Itemization of any amounts claimed past due
- Explanation of any fees or charges in dispute
LEGAL REQUIREMENTS:
Under 12 CFR 1024.36(c), you must:
- Acknowledge this request within 5 business days
- Respond with the requested information within 30 business days (extendable to 45 with notice)
Under 12 CFR 1024.36(i), you may not furnish adverse credit information regarding amounts in dispute during your investigation.
Failure to comply with RESPA subjects you to liability under 12 U.S.C. § 2605(f), including actual damages, statutory damages up to $2,000 for pattern or practice violations, and attorney's fees.
Please direct your response to the address above.
Sincerely,
[Your Signature]
[Your Printed Name]
What If They Don't Respond?
If the servicer fails to respond within the deadline—or responds inadequately—they've violated RESPA. Your remedies:
Damages Under 12 U.S.C. § 2605(f)
Actual damages - Any financial harm caused by the violation
Statutory damages - Up to $2,000 if part of a "pattern or practice" of violations
Attorney's fees - Reasonable attorney fees and costs
Class action - Up to $1,000,000 or 1% of net worth for class actions
Practical Steps
Document the deadline - Calculate exactly when response was due
Send follow-up - Written notice that they've violated RESPA
File CFPB complaint - At consumerfinance.gov/complaint
File California DFPI complaint - State regulator has authority too
Consider litigation - RESPA violation may justify lawsuit
Foreclosure Defense
RESPA violations can be raised as affirmative defenses in foreclosure proceedings. If the servicer is trying to foreclose while ignoring your QWRs, their misconduct may support a TRO or damages counterclaim.
FAQ
No. Under the current RESPA regulations, the request must:
Be in writing
Include your name and loan number (or enough info to identify the account)
State the information requested or error asserted
Using "Qualified Written Request" or "Request for Information" makes it clear you're invoking RESPA, which is helpful but not legally required.
Send to the address designated for "qualified written requests" or "disputes." This is often different from the payment address. Check:
Your monthly mortgage statement (usually has QWR address)
Servicer's website
Any correspondence you've received
Always send certified mail, return receipt requested. Keep a copy of everything.
No. An acknowledgment satisfies only the 5-day requirement. They still owe you:
Substantive response within 30 days (or 45 with extension notice)
Actual information requested
OR specific explanation why they can't provide it
A form letter saying "we received your request and are looking into it" is NOT a substantive response.
Limited. Under 12 CFR 1024.36(b)(1):
Servicers may charge reasonable fees for copies
Cannot charge for creating, reviewing, or searching for documents
Many servicers provide first request free to avoid disputes
If they want to charge, they must quote the fee before producing documents. Excessive fees can be disputed.
Yes—continue making payments unless advised otherwise by an attorney. A QWR:
Does NOT suspend your payment obligation
Does NOT stop foreclosure proceedings
Does create documentation of servicer misconduct
If you stop paying because of a dispute, you may create a real default. Pay and dispute simultaneously.
I help California homeowners draft QWRs that get results and hold servicers accountable when they miss deadlines. If you need answers about your loan and the servicer won't provide them, I can help.