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Thursday, April 7, 2016

Exclusions to Qualified Written Requests

QUESTION
We were recently cited for not responding in a timely manner to a Qualified Written Request. We had thought the transaction was excluded from a response requirement. What are the exclusions to responding to this type of request?

ANSWER
In the context of mortgage servicing, the response request requirements of a Qualified Written Request (“QWR”) do not apply to (1) subordinate lien loans or (2) open-end lines of credit subject to TILA, whether secured by a first or subordinate lien. [24 CFR § 3500.21(a)]

A request does not constitute a QWR if it is delivered to a servicer more than one year after either the date of transfer of servicing or the date that the mortgage servicing loan was paid in full, as applicable. [24 CFR § 3500.21(e)(2)]

Jonathan Foxx
President & Managing Director
Lenders Compliance Group