After losing their home to foreclosure, a couple sued their loan servicer and the Federal National Mortgage Association (Fannie Mae), alleging the defendants violated RESPA Section 6 by failing to adequately respond to their qualified written requests (QWR). The defendants filed a motion to dismiss, arguing that the plaintiffs’ letter did not constitute a QWR. The court disagreed with the defendants, denying the motion as to the plaintiffs’ RESPA claims.
Ian and Mona Stewart granted a mortgage to Mortgage Electronic Registration Services Inc. (MERS) secured by their primary residence in June 2005. The Stewarts sent a letter titled “qualified written request” to their loan servicer, Nationstar Mortgage LLC, in October 2011. The letter requested a loan modification and information on the securitization of their loan and the identity of the true owner of the loan.
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