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Can RESPA speed up your Mortgage Modification?

Despite the massive bailouts of the American banking industry, many consumers are still having difficulty getting their mortgages modified. The Real Estate Settlement Procedures Act (RESPA) is a federal consumer protection law that imposes disclosure requirements on lenders, obligating them to reply to a “Qualified Written Request” for information or a statement of dispute regarding a loan. As Maurice L. Shevin points out in an article on www.sirote.com , when initially enacted in 1974, the Real Estate Settlement Procedures Act (RESPA) did not have a great impact upon servicers. However, that began to change in 1990 with the Cranston-Gonzalez National Affordable Housing Act of 1990 Amendments to RESPA. This act imposed three general requirements on mortgage servicers: (1) notifying the borrower of servicing transfers; (2) responding to written inquiries from the borrower ; and (3) making escrow payments when due.

What does all this mean for your mortgage modification? Your lender (or servicer) must acknowledge receipt of the QWR letter within 20 days and respond to you within 60 days. Borrowers who have grown increasingly frustrated by their lender’s unwillingness to modify their mortgage have attempted to utilize RESPA to push lenders into responding to their modification requests within a reasonable time frame by referencing RESPA in their hardship letter. Lenders who do not respond will face civil liability, making a qualified written request letter one of the only ways a borrower can fight back against being ignored by their lender in the never ending and mysterious mortgage modification process. However, not every letter that references RESPA will qualify as a qualified written request for information under the statute. Be sure that your letter identifies clearly your name, account number and reason why the account is incorrect or the information you are requesting.

Click here for a sample RESPA letter provided by the Department of Housing and Urban Development.

It’s important to remember that your qualified written request for information must not be included with your payment. It should be sent, instead, to your lender’s customer service address. You should also continue to make your required mortgage and escrow payments. If you are suffering from overwhelming unsecured debt in addition to problems making the mortgage payments, Bankruptcy may be an attractive option . Consumers should also be aware that it is possible to modify mortgages through Chapter 13 bankruptcy under certain circumstances.

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