- Who sends it
- Your mortgage servicer
- What it starts
- A notice period. You cannot be charged until at least 45 days after the first notice and 15 days after a final reminder
- Do this first
- Send your servicer proof of your current homeowners insurance, in the way the notice asks
What this notice is
Your mortgage or deed of trust requires you to keep the home insured. If your servicer has a reasonable basis to believe you have not, it can buy insurance on the home and charge you for it. This is called force-placed insurance. You may also see it called lender-placed insurance. Federal rules (Regulation X) say how and when your servicer must warn you first.
The first notice must be sent at least 45 days before you are charged. It must say that your insurance is expiring, has expired or does not give enough coverage, that the servicer has no proof you are covered, and that the servicer has bought or will buy insurance at your expense. In bold, it must say this insurance may cost significantly more than insurance you buy and may not give as much coverage. It must explain what proof to send, how to send it, and give a phone number.
If you do not respond, a second and final reminder notice must follow. It must be sent at least 30 days after the first notice and at least 15 days before you are charged, and it must show the cost of the force-placed insurance as a yearly premium (or a reasonable estimate). If you sent some information but not enough, the reminder must say what is still missing.
What it does and does not mean
- It is not a foreclosure notice. But force-placed premiums are added to what you owe, often through your escrow account, which can raise your monthly payment sharply. A payment you cannot keep up with can lead to default.
- In many cases this insurance protects only the lender, not you or your belongings. It is not a replacement for your own homeowners policy.
- If you have escrow for insurance, are more than 30 days behind on your mortgage, your own policy was not canceled for a reason other than nonpayment, and the home is not vacant, your servicer generally may not buy force-placed insurance. It must pay your premium from escrow, advancing its own money if the account is short, and can then collect that from you. A small servicer may force-place instead if that costs you less.
- These notice rules do not cover flood insurance that federal flood law requires. Flood insurance has its own notices.
Deadlines and how to count them
- Day 0: the date on the first notice, or the date it was mailed. Mark it on your calendar.
- Day 30 or later: the earliest a final reminder can be sent.
- 15 days after the reminder: if your servicer receives proof by the end of this 15-day period that you have had the required coverage the whole time, it cannot charge you.
- Any time later: if you send proof after you were charged, the servicer has 15 days from receiving it to cancel the force-placed policy, refund the premiums and related fees you paid for any period when you had your own coverage too, and remove those charges from your account.
- Renewals: before charging you to renew force-placed insurance, the servicer must send a renewal notice at least 45 days ahead, and does so before each yearly anniversary.
What to do this week
- Call your insurance agent or company. If your policy lapsed, ask to reinstate it or buy a new one right away. Ask for a declarations page that shows your lender as mortgagee and the coverage dates.
- Send that proof to your servicer in the way the notice says (some servicers require it in writing). Keep a copy and proof of when you sent it.
- Ask your servicer in writing to cancel the force-placed policy and refund any overlapping charges.
- If you were charged even though you were covered, or the refund does not come within 15 days, send a written notice of error to the servicer's address for errors. Federal rules also require force-placed charges (other than premiums regulated by your state as insurance) to be for a service actually performed and reasonably related to the servicer's cost.
- If the cost has pushed your payment out of reach, ask your servicer about your options to avoid foreclosure before you miss a payment, and call a free HUD-approved housing counselor at (800) 569-4287.
- If your own policy was canceled because your servicer did not pay the premium from escrow on time, the CFPB suggests you may want to talk to a lawyer.
Is this the same in every state?
The notice rules are federal, so the 45-day and 15-day periods and the 15-day refund rule are the same in every state. The price of insurance itself is regulated by each state as the business of insurance, which is why the federal "reasonable charge" rule leaves those premiums to state law. If you think a force-placed premium is wrong, you can also complain to your state's insurance regulator.
If unpaid insurance charges have led to a default letter, read the breach letter page and your state's foreclosure timeline.
Scams tied to insurance notices
A real force-placed notice comes from your servicer, names the servicer and your property, and if mailed must go at least first class. Watch for:
- Calls, texts or emails that claim to be your servicer's insurance department and ask for a card number or a payment app transfer to "stop" force-placed insurance. You stop it by sending proof of coverage, not by paying a caller.
- Anyone selling a "policy" that cannot give you a real declarations page from a licensed insurer.
- Anyone who asks for a fee before you have signed an agreement with your servicer. A company that is not your lawyer cannot charge for mortgage relief until then.
Check any caller by phoning the number on your own mortgage statement. Report fraud at ReportFraud.ftc.gov and servicer problems to the CFPB.
How much time do you have? It depends on your state.
See the foreclosure timeline, deadlines and free local help for the state where the home is.
Common questions
I sent proof of insurance but was still charged. What now?
If you had coverage the whole time, the servicer must cancel the force-placed policy and refund overlapping charges within 15 days of getting your proof. If it does not, send a written notice of error and keep copies. You can also file a complaint with the CFPB.
Does force-placed insurance cover my belongings or my liability?
Often it does not. The CFPB says that in many cases it protects only the lender. Buy your own homeowners policy as soon as you can.
My insurance company dropped me and I cannot find a new policy. What can I do?
Tell your servicer in writing and keep looking. Ask an insurance agent about the options in your state, including any state-backed insurance plan. A housing counselor can help you plan for the cost.
Keep reading
- Late notice and early intervention letterThis letter is a warning, not a foreclosure. Federal rules make your servicer reach out early and tell you about help. In most cases a foreclosure cannot start until you are more than 120 days behind, so this is the best time to act.
- Breach letter (demand or notice of intent to accelerate)A breach letter says you are in default and gives you a date to catch up. If you do not, the lender can call the whole loan due and move toward foreclosure. Many standard mortgages and deeds of trust require at least 30 days to cure.
- Notice of defaultIn many states that foreclose without a court, a recorded notice of default is the official start of the foreclosure. It is not a sale and not an eviction. It starts a waiting period before a sale can be set, and you can usually still catch up or apply for help.
- Notice of intent to forecloseMany states make the lender send a warning letter before it can start a foreclosure. These letters often give you a set number of days, a cure amount and a list of free counselors. The deadline in the letter matters, so act on it now.
- Lis pendens (notice of pendency)A lis pendens is a public notice, filed in the land records, that a lawsuit or foreclosure affecting your home is pending. It does not mean the home is sold or that you must move. It usually means the court papers are coming or have already been served.
- Foreclosure summons and complaintA summons and complaint means the lender has sued to foreclose. You have a short, firm deadline to respond in writing, often 20 to 30 days from the day you were served. Missing it can let the lender win without your side being heard.
Sources
- 12 C.F.R. § 1024.37, force-placed insurance (eCFR)
- 12 C.F.R. § 1024.17, escrow accounts (eCFR)
- 12 C.F.R. § 1024.35, error resolution procedures (eCFR)
- CFPB: What can I do if my servicer is charging me for force-placed homeowner's insurance?
- CFPB: What is an escrow or impound account?
- Fannie Mae/Freddie Mac Form 3005, California Deed of Trust (07/2021), sections 3, 5, 9 and 20
- CFPB: Find a housing counselor
- CFPB: Submit a complaint
- FTC: ReportFraud.ftc.gov