In particular, mortgage servicers are required, within thirty days of receiving a QWR from a borrower, to "make appropriate corrections in the account of the borrower, including the crediting of any late charges or penalties, and transmit to the borrower a written notification of such correction[.] 12 U.S.C. 2605(e)(2)(A).
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12 U.S.C. 2605(e)(1)(a). To constitute a QWR, the correspondence from the borrower must enable the servicer to identify the name and account of the borrower, include a statement of the reasons for the borrower’s belief that the account is in error, or provide sufficient detail to the servicer regarding other information sought by the borrower.
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12 C.F.R. 1024.36 outlines requests for information, under which a servicer must provider certain requested information pursuant to a QWR. Pursuant to 12 U.S.C. 2605(e), "Duty of loan servicer to respond to borrower inquiries," any loan servicer of a federally related mortgage loan who receives a qualified written response from a borrower.
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22 See 12 U.S.C. 2605(a)-(e). 23 See 12 U.S.C. 2605(e) and 2609. TILA set forth requirements on creditors that were implemented by servicers, including disclosures regarding interest rate adjustments on adjustable rate mortgage loans.
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In addition, the QWR must include or otherwise enable the servicer to identify the name and account of the borrower. Id. Upon receipt of a QWR, a servicer must provide a written response acknowledging receipt of the QWR within twenty days. 12 U.S.C. 2605(e)(1)(A).
· See 12 U.S.C. § 2605(c) (requiring transferee servicer to notify the borrower of the transfer within 15 days of the effective date of transfer, with certain exceptions); 12 U.S.C. § 2605(d) (prohibiting transferee servicer from imposing a late fee if borrower’s payment is received by the transferor servicer before the payment due date).