What is a qualified written request?
A written request sent to a loan servicer under the Real Estate Settlement Procedures Act (RESPA) that requires the servicer to investigate and respond to a borrower's claim of a payment error or account discrepancy within 30 to 60 days.
Under the Real Estate Settlement Procedures Act (RESPA), a qualified written request is a formal notification that forces a loan servicer to investigate a borrower's allegation of a payment error, misapplied funds, or other account mistake. To qualify under federal law, the request must contain specific information: the borrower's name and loan number, a description of the claimed error, the amount in dispute, and an explanation of why the borrower believes an error occurred.
Once received, the servicer has 30 days to acknowledge the request and 60 days total to complete an investigation and respond in writing. During this period, the servicer cannot charge late fees, report negative credit information, or pursue foreclosure on the disputed amount. If the servicer fails to respond properly, the borrower may have grounds for damages.
For foreclosure defense attorneys in Greater Hartford, a qualified written request serves as a critical tool for building a documented record of compliance attempts. It establishes that the borrower made a good-faith effort to resolve the dispute and places the burden on the servicer to prove its accounting is correct. When servicers ignore, delay, or improperly handle these requests, it creates evidence of wrongdoing that strengthens a borrower's position in court. Foreclosure defense attorneys frequently use qualified written requests as part of a layered defense strategy, especially in cases where payment application or loan modification issues are central to the dispute.