OK I Sent a QWR and DVL. Now what?

Start with the Basics: QWRs and DVLs

The first thing you need to know: there is no obligation to answer a notice if the questions are not related to confirming the:

• Balance due

• Existence of the obligation

• Ownership of the loan

• Servicing details

• Status of the underlying obligation

Many homeowners (or their lawyers) draft QWRs or DVLs that look like full-blown discovery requests. These often get struck down by courts because they go beyond what FDCPA (Fair Debt Collection Practices Act) and RESPA (Real Estate Settlement Procedures Act) actually cover.

👉 The bottom line: get to the point. Focus on the fundamental questions and don’t muddy the waters.

The Next Step: Filing a Complaint

After sending a QWR or DVL, the next move is often filing a complaint with the CFPB (Consumer Financial Protection Bureau) and/or your State Attorney General (AG).

• Under the Dodd-Frank Act, both the CFPB and the states have jurisdiction to enforce FDCPA and RESPA.

• Initially, enforcement bottlenecked at the CFPB because of limited funding and resources.

• The CFPB has since tasked state Attorneys General with taking action on violations.

Private Right of Action: Suing Directly

Dodd-Frank also provides a private right of action, allowing homeowners to sue for:

• Injunctive relief

• Statutory damages

• Compensatory damages

⚖️ But here’s the catch: In a recent Supreme Court ruling, statutory damages are not available unless actual damages can be proven.

Why File a CFPB Complaint Anyway?

Even if you plan to sue, filing a CFPB complaint has strategic value:

• The company must respond truthfully (lying to a federal agency is a crime).

• Their CFPB response is often different or inconsistent with their response (or non-response) to your QWR or DVL.

• These inconsistencies can help prove misleading or deceptive practices in court.

👉 You can also file the same complaint with your state AG, reminding them of their enforcement powers (and the political value of using them).

The Reality: Lawsuits Get Results

Practically speaking, you’re unlikely to get meaningful relief until you file suit.

That said, my tactical preference has always been to:

1. File administrative complaints first (CFPB + State AG).

2. Build a record of exhaustion of remedies.

3. Demonstrate that the servicer or debt collector continues to stonewall basic questions about the loan’s existence, ownership, and status.

Once litigation begins and the case enters the discovery window, that’s when real results become possible.

Final Word

QWRs, DVLs, and CFPB complaints are not magic bullets. They are tools to:

• Narrow the issues,

• Expose inconsistencies, and

• Build a record for litigation.

But the highest likelihood of relief will come only after you file suit and force the other side into discovery.