Error resolution, loss mitigation and the timelines that govern both.
Esshaki Legal Media TeamCurrent as of January 2025
Servicing residential mortgage loans is governed by detailed rules with specific
response deadlines.
Notices of error and information requests. Acknowledgment within five
business days, and a response within thirty business days for most categories,
with a limited extension. The scope of covered errors is broad and includes
failures to apply payments and improper fee assessment.
Force-placed insurance. Advance notices at defined intervals before charging
a borrower, with a requirement to cancel and refund where evidence of coverage
is received.
Early intervention. Live contact with delinquent borrowers by a stated day of
delinquency, and written notice with loss mitigation information.
Continuity of contact. Assigned personnel accessible to the borrower with
access to the file.
Loss mitigation. On receipt of a complete application, evaluation within
thirty days for all available options, a written decision with appeal rights for
denials of loan modification options, and restrictions on referring to
foreclosure or proceeding to sale while an application is pending — the dual
tracking prohibition.
Foreclosure timing. No first notice or filing until the borrower is more than
one hundred twenty days delinquent.
Transfers. Notices from both transferor and transferee, and a period during
which payments to the prior servicer must be credited.