Section 2040.5 - Qualified Written Requests(a) A servicer is only required to send an acknowledgment of receipt of a "Qualified Written Request," within ten business days of receipt, if the action requested by the borrower has not been taken within ten business days of receipt of the Qualified Written Request. Acknowledgments of receipt and responses to Qualified Written Requests must be in writing, sent by the preferred method of communication indicated by the borrower (email, or regular mail through the United States Postal Service). If the borrower has not indicated a preferred method of communication, the servicer shall send the acknowledgment of receipt and responses to Qualified Written Requests by regular mail, through the United States Postal Service, to the borrower's last known mailing address on record and to all email address(es) the servicer has on record for the borrower.(b) Servicers may designate a specific electronic address to which Qualified Written Requests must be sent. Servicers may also designate a specific physical address to which Qualified Written Requests must be sent. A servicer that designates a specific address or addresses for receipt of Qualified Written Requests must post the designated address(es) on the servicer's website.(c) A servicer is only required to send a borrower a total of three notices stating that there will be no response to a "Qualified Written Request," because the borrower has previously submitted the same request, received a response, and provided no new information in its subsequent, duplicative Qualified Written Request.Cal. Code Regs. Tit. 10, § 2040.5
Note: Authority cited: Section 1788.103, Civil Code; and Section 28106, Financial Code. Reference: Sections 1788.100 and 1788.102, Civil Code; and Section 28132, Financial Code.
1. New section filed 3-28-2019; operative 3/28/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).
2. Change without regulatory effect amending subsection (a) and Note filed 5-3-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19).
3. Amendment of subsection (a) and NOTE filed 10-4-2023; operative 1/1/2024 (Register 2023, No. 40).