How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LADY LAWYER Your Own Question

LADY LAWYER
LADY LAWYER, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6531
Experience:  Consumer Lawyer
7887522
Type Your Consumer Protection Law Question Here...
LADY LAWYER is online now
A new question is answered every 9 seconds

I sent my bank a QWR/RESPA letter 23 days ago. They have 20

Resolved Question:

I sent my bank a QWR/RESPA letter 23 days ago. They have 20 days to acknowledge receipt and 60 days to answer. They have not acknowledged it in writing. I sent it certified and notarized and have spoke with a clerk in at the law firm that confirmed that they did get it. So they haven't responded, what is the best course of action from this point?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  LADY LAWYER replied 2 years ago.

LADY LAWYER :

Hello,

Customer:

hi

Customer:

I realize that that's 20 biz days but they don't seem to concerned in answering it and I have a sale date of 1/3/12

LADY LAWYER :

I apologize; I had to reboot.

LADY LAWYER :

Your redress if they do not respond and thereby cause you damages is to sue in court.

Customer:

When I call the banks lawyers all I get is a clerk or sect. - when I ask who IS the Trustee and can I speak with the they tell me they can't tell me that and that I can't talk to them???

LADY LAWYER :

If found liable, the lender must pay actual damages (probably minimal or non-existent in most cases), attorneys fees, and possible $1,000 (if it can be shown that there is a pattern and practice of the violation).

LADY LAWYER :

In your case, if they delay and the sale causes you further damages and legal fees, then they will be responsible for that too.

LADY LAWYER :

You can call the clerk of court or go down to the court and ask to see the case file to find out who the trustee is.

Customer:

My most immediate concern is being evicted -

LADY LAWYER :

I understand. You can seek a stay based on the pending letter you have written. You can also seek an appeal to buy more time.

Customer:

my home was supposed to be sold last month (12/6) they got my QWR in there office on 12/5 and postponed it but I'm not really sure if it was because of the qwr or some other reason?

LADY LAWYER :

You will at least need to seek the stay because I am sure the lender's attorneys do not plan to answer you before the sale.

LADY LAWYER :

I wouldn't know that without speaking to them, but it is not unusual for them to postpone.

Customer:

how do you seek a stay without filing BK?

LADY LAWYER :

You would do so based on the QWR letter. The court can issue a stay for many other reasons besides BK.

LADY LAWYER :

If the attorneys have not answered you within the 60 days, you would file a motion to compel response and seek damages and sanctions.

Customer:

Interesting thing is that I sent a copy of the qwr letter to HUD and got a complaint case #XXXXX they said they were going to follow up on it and the case # XXXXX!?

Customer:

Did I already say that TEXAS is a non-judicial state? How can I get in front of judge in the next few days?

LADY LAWYER :

That probably has more to do with HUD and their organizational skills than anything else. Did they tell you they would open another case?

LADY LAWYER :

Yes, I know that TX is this way, but you can still get in front of a judge if you are disputing the foreclosure.

Customer:

I have to call hud tomorrow w/the case number, they say they can find the "dept it was transferred to"? and reactivate it

LADY LAWYER :

You will have to file an emergency petition for a stay.

Customer:

do I do that in the clerks office?

LADY LAWYER :

Yes.

Customer:

is it a letter I will have to prepare or just a form they have on file?

Customer:

I can show them a notorized coopy of the qwr and cert reciept for it as well, will that help get the stay

LADY LAWYER :

Every jurisdiction is different so you should probably call them first. If they don't have it, you will have to prepare the motion/petition yourself. You can probably find some examples on the web just to see what they look like.

LADY LAWYER :

Yes, you need to attach all relevant documents as exhibits.

Customer:

Ok, the fog is lifting a little here :)

LADY LAWYER :

:)

Customer:

I was planning on filing bk on friday but I don't really want to do that

Customer:

but I felt it was the only sure way of getting stay

LADY LAWYER :

You should still have time if the court refuses your emergency motion. The good news about bk is that you can always withdraw it but in the meantime, it will buy you more time.

Customer:

the problem I am having here in TX is that all of the lawyers I have contacted about this are just want to handle it with cookie cutter chp 13 filings and don't want to fight the fraud. And long story short, I am positive there is fraud in my note.

LADY LAWYER :

Are you contacting BK attorneys only? Have you tried mortgage defense attorneys?

LADY LAWYER :

Also known as foreclosure defense.

Customer:

I can't seem to find any here?

LADY LAWYER :

Fraud is an affirmative defense so this is really important and is another good way to get in front of the judge.

Customer:

they all claim "foreclosure defense" but when you start talking with them they soon jump to ch13

LADY LAWYER :

You can use www.martindale.com. Search one, two and even three counties away.

Customer:

is that link a law office

LADY LAWYER :

It is an attorney search service.

Customer:

i c

Customer:

btw, I am going to accept your ans here once we're done

LADY LAWYER :

Oh, no worries!

LADY LAWYER :

It is my pleasure to help you.

Customer:

ok so I am off tomorrow and plan on going to the county records office and find out how to get an emergency stay

Customer:

I really want to be confident it is granted, will the judge sign off on it or how will i KNOW?

LADY LAWYER :

Good, getting this in front of the judge will be your first step. You should plead the fraud in your emergency petition and say that is was just recently discovered and that you are seeking counsel. This is besides the QWR argument.

LADY LAWYER :

The clerk will send you an order granting the hearing.

LADY LAWYER :

You have to have a hearing in front of the judge before he grants the stay.

LADY LAWYER :

The lenders attorneys will have an opportunity to be there as well.

LADY LAWYER :

And they will argue against the stay.

Customer:

do you think they will do that tomorrow, what's it called an "ex par te" (sp?)

LADY LAWYER :

You can file the petition tomorrow and the judge should see it tomorrow or the next day.

LADY LAWYER :

If you are granted a hearing, it should be this week.

Customer:

I don't think the lawyers will show up but I'm sure they will send a letter to deny stay but that'll take another 30 days at least?

LADY LAWYER :

They cannot just send a letter, they can file a response but if they are not there at the hearing, the judge will probably grant it.

LADY LAWYER :

It should be granted anyway based on what you have told me here.

Customer:

ok, if I do get a hearing, I don't really want to go thru point by point why there is fraud in my note. I really just want the judge to be aware that I have sent them a qwr with about 30 questions that is a federal law that they are req'd to respond to before they proceed with the forclz

LADY LAWYER :

You shouldn't have to. You are not trying to prove the fraud; only saying that it exists.

LADY LAWYER :

I didn't say this before, and I thought it was obvious, but it may not be...you ar going to have to file an actual lawsuit against the lender in order to be able to file the petition for the ER hearing. You have to initiate litigation in order to proceed in court.

Customer:

ok, i think I can handle that, I've just got to find out what it takes in my county (denton tx) what it takes to get an emer stay - basically on the grounds of they are req'd by law to answer the letter...if for some reason I can't get it - I'll have to file bk by friday

LADY LAWYER :

*are

Customer:

oh

LADY LAWYER :

Each complaint is different and is going to allege different facts and allegations so there are no premade forms for this.

LADY LAWYER :

That is why the foreclosure defense attorney would be appropriate here.

Customer:

I don't know how to file a lawsuit. lol

LADY LAWYER :

You just have to tell them that you are NOT interested in filing BK at this time and that you want to get a lawsuit filed for the fraud and an emergency stay.

Customer:

I guess I can just go in and play dumb, that should be easy for me? ha

LADY LAWYER :

It depends on how helpful the clerks are.

Customer:

some of them are, some aren't, been in there a few times. they defer to the "supervisor" really fast and she is very guarded.

LADY LAWYER :

You are definitely at the end of the time period to be able to do much more here so you will need to act fast. Once the sale has happened you will have to file a motion to set it aside based on the fraud and this will cost more money and get more complicated.

Customer:

what is a motion to vacate

LADY LAWYER :

Yeah, they aren't attorneys and are not supposed to give legal advice.

LADY LAWYER :

It means the judge bascially sets aside the sale like it did not happen.

Customer:

would that be something to file or just request the er stay

LADY LAWYER :

That is not something that would need to be done unless the sale goes through.

Customer:

ok

Customer:

thanks, XXXXX XXXXX see what happens

LADY LAWYER :

You are most welcome!

Customer:

if it doesn't work i'll have to bk

LADY LAWYER :

That would be the smartest thing, yes.

LADY LAWYER, Lawyer
Satisfied Customers: 6531
Experience: Consumer Lawyer
LADY LAWYER and 5 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas
 
 
 

Related Consumer Protection Law Questions