But courts have held that a request for “copies of loan documents” does not constitute a QWR and therefore cannot be the basis for a § 2605(e) claim. See, e.g., Minson v. CitiMortgage, Inc., Civ. Action No. 12-2233, 2013 WL 2383658, at *5 (D. Md. May 29, 2013); Barocio v. Bank of America N.A., No. C 11-5636, 2012 WL 3945535, at *7 (N.D. Cal. Sept. 10, 2012) (“A request for loan documents . . . is not a proper subject of a QWR.”); McGory v. BAC Home Loan Servicing, LP, No. 3:10CV1758, 2011 WL 1743475, at *2-3 (N.D. Ohio May 6, 2011) (servicer had no obligation to respond to purported QWR which requested all documents pertaining to the origination of mortgage, “as well as certified copies of loan documents, allonges, assignments and transfer receipts”).
Loan servicing means "receiving any scheduled periodic payments from a borrower pursuant to the terms of any loan . . . and making the payments of principle and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the loan." McGory v. BAC Home Loan Servicing, LP, Case No. 3:10-cv-1758, 2011 WL 1743475, at *2 (N.D. Ohio May 6, 2011) (citing 12 U.S.C. § 2605(1)(3)). For notices of error, a borrower must supply "a statement of the reasons for the belief of the borrower, to the extent applicable that the account is in error.
Several courts, including this Court and others in this circuit, have concluded that a Plaintiff bringing a claim under § 2605 must therefore allege "either actual damage from the nondisclosure of the assignment of the servicing of the loan - as compared to nondisclosure of the terms of the mortgage - or (2) a pattern or practice of nondisclosure by the defendants that would warrant statutory damages." Frazile v. EMC Mortg. Co., 382 F. App'x 833, 836 (11th Cir. 2010); see also, e.g., Hutchens v. Bank of America N.A., 2012 WL 1618316, at *6 (E.D. Tenn. May 9, 2012) ("District courts within the United States Court of Appeals for the Sixth Circuit and other circuits have held that a plaintiff must allege actual damages to obtain relief under RESPA."); McGory v. BAC Home Loan Servicing, 2011 WL 1743475, at *3 n.2 (N.D. Oh. 2011) (holding that alleging a breach of RESPA without at least identifying actual damages is insufficient to support a claim); Anderson v. Barclays Capital Real Estate, 2010 WL 2541807, at *6 (N.D. Oh. June 18, 2010) ("[A]lleging a breach of RESPA duties alone does not state a claim under RESPA. Plaintiffs must, at a minimum, also allege that the breach resulted in actual damages.") (quoting Hutchinson v. Del. Sav. Bank FSB, 410 F. Supp. 2d 374, 383 (D.N.J. 2006)).