A borrower sued his mortgage loan servicer for a RESPA violation for allegedly failing to respond to his qualified written request (QWR). The servicer argued the letter was not a valid QWR because it was not sent to the designated QWR address. The borrower argued, however, that he was told to send all inquiries regarding his loan to the servicer’s attorney because his loan was in foreclosure. The court found that only payments were to be sent to the servicer’s counsel and that the borrower’s letter was not a QWR because it was sent to the wrong address.
David Moody sued his mortgage servicer and its law firm for violations of RESPA and the Racketeer Influenced and Corrupt Organizations Act, common law fraud and declaratory judgment.
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