OK I Sent a QWR and DVL. Now what?

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.

*
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.
*
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).
*
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.
*
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.
*
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.
*
But practically speaking the only way you are likely to achieve any meaningful results is by filing suit.
*
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.
*
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. 

*
================
DID YOU LIKE THIS ARTICLE?
Nobody paid me to write this. I am self-funded, supported only by donations. My mission is to stop foreclosures and other collection efforts against homeowners and consumers without proof of loss. If you want to support this effort please click on this link and donate as much as you feel you can afford.

Please Donate to Support Neil Garfield’s Efforts to Stop Foreclosure Fraud.
CLICK TO DONATE

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.
*
FREE REVIEW: Don’t wait, Act NOW!

CLICK HERE FOR REGISTRATION FORM. It is free, with no obligation and we keep all information private. The information you provide is not used for any purpose except for providing services you order or request from us. You will receive an email response from Mr. Garfield  usually within 24 hours. In  the meanwhile you can order any of the following:

Click Here for Preliminary Document Review (PDR) [Basic, Plus, Premium) includes 30 minute recorded CONSULT). Includes title search under PDR Plus and PDR Premium.

Click here for Administrative Strategy ANALYSIS AND NARRATIVE. This could be all you need to preserve your objections and defenses to administration, collection or enforcement of your obligation. Suggestions for discovery demands are included.
*
CLICK HERE TO ORDER CONSULT (not necessary if you order PDR)
*
CLICK HERE TO ORDER CASE ANALYSIS 
*

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).

Yes you DO need a lawyer.
If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.

Please visit www.lendinglies.com for more information.

2 Responses

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

  2. 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.

Contribute to the discussion!

%d bloggers like this: