OK I Sent a QWR and DVL. Now what?

Posted on May 30, 2022 by Neil Garfield

The first thing you need to know is that there is no obligation to answer the notice if the questions are not related to confirming the balance due, existence, ownership, servicing, and status of the underlying obligation.

I have seen many letters entitled “Qualified Written Request” or “Debt Validation Letter” that read like a discovery request that would be struck down by a judge because it seeks information not covered by the FDCPA and RESPA and is too long. The bottom line is get to the point with your challenge on the basic questions and don’t muddy the waters.

Depending upon what you want to do, the next step would be a complaint filed with the CFPB and State AG. Be aware that the CFPB, under its charter authority has clarified the enforcement of RESPA and FDCPA. It became custom and practice before the clarification by CFPB that Dodd-Frank Act created a de facto federal preemption for enforcement.

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This led to bottlenecking at the CFPB which lacks the funding, facilities, and personnel to enforce the enumerated statutes for everyone across the country. The Act said that both States and the Federal government (CFPB) had jurisdiction to enforce and should do so. So the CFPB released a statement that specifically tasked the Attorneys general to enforce violations of the FDCPA and RESPA and the other enumerated statutes in Dodd-Frank.
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It remains to be seen how much the situation will change. The enumerated laws in Dodd-Frank also create a private right of action (lawsuit). So any homeowner or consumer aggrieved by the violation can sue for injunctive relief and both statutory and compensatory damages. Last year the Supreme court weighed in on this and came up with an “interpretation” that you can’t get statutory damages unless you have actual damages (compensatory).
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So the bottom line is that the next move is yours. You can file a claim with the CFPB, which will have an effect because the companies about which you are complaining must answer, knowing that their answer must be truthful or arguably truthful — because lying to a Federal agency is a crime.
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It is often true that the answer to the CFPB complaint is not the same as their response to the QWR or DVL. It also contains statements that are inconsistent with the response or non-response to the QWR and DVL — thus proving your point that they are misleading and misdirecting the consumer, in addition to withholding basic information about the existence, ownership, and status of an unpaid loan account.
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If you file the complaint with the CFPB you can also file the same complaint with the state AG who should be reminded about their right to enforce — and perhaps how it might be politically expedient to enforce.
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But practically speaking the only way you are likely to achieve any meaningful results is by filing suit.
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My tactical preference is to file the administrative complaints before filing suit. It provides a record of events to which you can refer that shows (a) you have exhausted all other remedies and (b) that they continue to stonewall the basic questions about the existence, ownership, and status of the alleged underlying debt or unpaid loan account.
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The highest likelihood is that you will not be offered any tangible relief by anyone until after you have filed suit and the litigation moves into the window of discovery. 

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Neil F Garfield, MBA, JD, 75, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
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FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 12 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

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Filed under: foreclosure |

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2 Responses

  1. Javagold, on May 30, 2022 at 12:47 pm said:

    The summary judgement process is absolutely a farce. Criminally Unconstitutional.

  2. Summer, on May 30, 2022 at 12:16 pm said:

    You need to file all your administrative complaints and conduct as much discovery as you can before filing a legal case with the Court becuase Judges will stonewall you from doing any discovery and likely dismiss your case.

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