When you send your “qualified written request” to all the parties involved, you will want to be able to justify your claim for being able to review certain documents that were part of the securitized transaction involving your loan.
If you use the QWR that I have drafted, there are many documents listed that the parties involved will not want to share with you. They will tell you that information is private, and outside of the scope of your transaction.
That is crap! These documents have everything to do with what happened to your loan after you left the closing table. Those actions could not have occurred had it not been for your signature, and you have every right to be able to see them. Failing to provide them helps build your case to a judge when you question what it is they are trying to hide.
If I was beginning to build a case against whomever is trying to foreclose on me, I would at least want to be able to see the following documents:
Pooling and Servicing Agreement, Assignment and Assumption Agreement, Deposit and/or Custodial Agreement, Servicing Agreement, Commitment to Guarantee Agreement and, finally, Release of Interest Agreement.
To my knowledge, these documents won’t be disclosed to you without a fight. You can request them initially and then try having your attorney send a demand letter to try to obtain them. Please forward them to me if you do obtain a copy prior to going to court.
My RESPA request letter includes many other documents that you would want to have as well, but the ones I mentioned above can be used against the foreclosing entity if they were submitted as evidence in court. You will more than likely have to file a motion to compel the court to force them to produce these documents. I’ll discuss how to do that and their importance in a later post/category dealing with litigating your case.
