The defendants in a RESPA action requested the court dismiss the claims against them related to an alleged qualified written request (QWR) the plaintiffs sent to them. The defendants argued the letter was not a valid QWR. The court disagreed, and denied the defendants’ motion to dismiss.
Todd and Lisa Mayer executed an adjustable rate note with GreenPoint Mortgage Funding Inc. in October 2005. The couple also executed a mortgage in favor of GreenPoint. EMC Mortgage Corp. was the originator of the mortgage, and JP Morgan Chase Bank NA was the servicer.
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