RESPA governs how mortgage servicers must treat you. Violations — including failure to respond to QWRs — can form the basis for legal claims that stop foreclosure. Learn your rights.
Rush response within 24 hours
Rush response within 24 hours
The Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601 et seq., regulates mortgage servicers and requires them to treat borrowers fairly. RESPA is implemented through Regulation X (12 CFR Part 1024). RESPA's key provisions for foreclosure defense include the Qualified Written Request (QWR) process, prohibition on kickbacks and unearned fees, and requirements for proper servicing transfer procedures.
5
Business Days
Servicer must acknowledge your QWR
30
Business Days
Deadline for substantive QWR response
$2K
Statutory Damages
Per violation for pattern of noncompliance
3x
Treble Damages
For Section 8 kickback violations
Under 12 U.S.C. § 2605(e), you can send a Qualified Written Request to your servicer seeking information about your loan or disputing errors. The servicer MUST acknowledge within 5 business days and provide a substantive response within 30 business days. Failure to respond properly is a RESPA violation — giving you grounds for legal action, including actual damages and, where a pattern or practice is shown, statutory damages under 12 U.S.C. § 2605(f).
5-Day Acknowledgment
Servicer must confirm receipt
30-Day Response
Substantive answer required
These are the most frequent ways mortgage servicers run afoul of RESPA. If you recognize any of these in your situation, you may have actionable claims.
If the servicer does not respond within 30 business days — or provides an inadequate response — this is a RESPA violation. Statutory damages of up to $2,000 are available for a pattern or practice of noncompliance.
12 U.S.C. § 2605(e)Servicers must follow specific procedures before force-placing insurance under 12 CFR § 1024.37 and cannot charge for insurance you already have. Overcharging or improper force-placement violates RESPA.
12 CFR § 1024.37When your loan is transferred between servicers, the new servicer must provide timely notice and cannot treat payments as late during the 60-day transition period.
12 U.S.C. § 2605(b)RESPA Section 8 prohibits kickbacks, referral fees, and unearned fees in connection with mortgage settlements. Violations can result in treble damages plus attorney's fees.
12 U.S.C. § 2607Regulation X prohibits servicers from proceeding with foreclosure while simultaneously evaluating your loss mitigation application (dual tracking) under 12 CFR § 1024.41(g).
12 CFR § 1024.41(g)Servicers must follow RESPA escrow rules under Section 10, including proper annual escrow analyses, correct payment calculations, and limits on cushion amounts (2 months maximum for most loans).
12 U.S.C. § 2609Crafting a detailed QWR that identifies specific errors in servicing creates a documented paper trail. The servicer must respond with substantive information or face liability.
Deadline: 30 business days
Track how the servicer fails to respond, responds inadequately, or violates other RESPA requirements. This documentation becomes the foundation of your counterclaim or affirmative defense.
Key: Keep copies of everything
RESPA violations form the basis for counterclaims, affirmative defenses, or standalone lawsuits. Combined with a TRO or preliminary injunction, they can halt the foreclosure process.
Potential: Damages up to treble
Find out if your servicer's conduct gives you legal claims that can stop foreclosure.
Get Free EvaluationOrigination disclosure and rescission claims
High-cost loan protections
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Common RESPA violations in practice
CFPB servicing rule violations
Legal claims based on violations
Debt collection violations & remedies
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