Section 6 of the Real Estate Settlement Procedures Act (RESPA) provides borrowers with consumer protections relating to the servicing of their loans. When a borrower sends a “Qualified Written Request” or “QWR” to his loan servicer concerning the servicing of the loan, the loan servicer must provide a written acknowledgment within 20 business days of receipt of the request. Not later than 60 business days after receiving the request, the servicer must make any appropriate corrections to the borrower’s account, and must provide a written clarification regarding any dispute. During this 60-day period, the loan servicer is strictly prohibited from providing information to a consumer reporting agency (i.e. Transunion, Equifax, etc) concerning any overdue payment related to such period or qualified written request.
Under RESPA Guidelines , a borrower can institute a private lawsuit for a Section 6 of Real Estate Settlement Procedures Act “RESPA” violation and/or a group of aggrieved borrowers may bring a class action lawsuit if a pattern of non-compliance can be shown within three years of the violation against a loan servicing company who refuses to comply with Section 6.