- Who sends it
- Your mortgage servicer, in answer to a letter you sent about an error or a question about your loan
- What it starts
- An acknowledgment within 5 business days, then an answer within 30 business days in most cases
- Do this first
- Read whether the servicer fixed the error, found no error, or sent the information, and note any date in the letter
What these letters are
Federal mortgage servicing rules (Regulation X) give you two kinds of written requests. A notice of error tells the servicer it made a mistake on your account. A request for information asks for facts about your loan, such as your payment history or who owns the loan. A qualified written request, or QWR, is an older name for the same thing: a letter that either says why you think your account is wrong or asks for servicing information. The servicer must treat a QWR as a notice of error or a request for information.
To count, your letter must be in writing and include your name, something that lets the servicer find your account (such as your loan number), and the error you think happened or the information you want. A note written on your payment coupon does not have to be treated as one. A request for a payoff amount is handled under a different rule with a 7-business-day deadline; see payoff statement and reinstatement quote.
Your servicer may name a special address for these letters, and if it does, you must use it. It must tell you that address in writing, use the same address for errors and information requests, warn you in writing before changing it, and post it on its website if the website lists any contact address. It may be different from where you send payments.
These two rules apply even if your servicer is a small servicer. They do not cover home equity lines of credit.
Deadlines and how to count them
All of these deadlines count business days. Do not count Saturdays, Sundays or legal public holidays. The clock starts when the servicer receives your letter, so keep proof of the delivery date.
- Acknowledgment: within 5 business days the servicer must send a written note saying it got your letter. It can skip this step only if it fully fixes the error, or sends all the information you asked for, within those same 5 business days.
- Most errors and most information requests: an answer within 30 business days. The servicer can take 15 more business days only if it tells you in writing, before the 30 days end, that it needs more time and why.
- The name and contact information of the company that owns your loan: within 10 business days, with no extension.
- An error about a payoff amount: within 7 business days, with no extension.
- An error that the servicer started a foreclosure too early, or moved for a foreclosure judgment or sale, or held a sale, while the federal loss mitigation rules barred it: before the foreclosure sale or within 30 business days, whichever comes first, with no extension. If your letter arrives 7 or fewer days before the sale, the servicer only has to make a good faith attempt to answer you, by phone or in writing.
- Copies of the documents a servicer relied on to find "no error": within 15 business days of your request, free of charge.
What the servicer's answer means
- "We corrected the error." The letter must say what was fixed, the date the fix took effect, and a phone number for more help. Check your next statement to make sure it shows.
- "We found no error." The servicer must have done a reasonable investigation. The letter must give the reasons, tell you that you have a right to ask for the documents it relied on, explain how to ask, and give a phone number. If you disagree, ask for those documents in writing.
- "We found a different error." If the servicer finds other mistakes while looking, it must fix those too and tell you what it changed.
- Information sent. The answer must be in writing and include a phone number for more help.
- "The information is not available." The servicer must have done a reasonable search and must explain why it does not have the information.
- "We do not have to respond." A servicer can decline a notice of error that repeats one it already answered (unless you add new and important information), is too vague to tell what the error is, or arrives more than one year after the servicer stopped servicing your loan or the loan was paid off. It can also decline an information request that is a repeat, asks for confidential or privileged material, is not about your loan, or asks for an unreasonable amount. In each case it must tell you in writing, within 5 business days of deciding, which reason it is using.
What your servicer cannot do while you wait
- It cannot charge a fee, or make you pay anything you may owe, as a condition of answering. (A servicer may charge for a beneficiary notice if your state's law allows that fee.)
- It may ask you for papers that support your claim, but it cannot refuse to investigate because you did not send them, and it cannot find "no error" just because you did not send them.
- For 60 days after it receives a notice of error about a payment, it cannot report that payment to the credit bureaus as late or missed.
- A notice of error does not by itself stop a foreclosure. The exception is an error about the federal rules on when a foreclosure can start or a sale can happen: the servicer must answer that one before the sale. An information request does not stop credit reporting or a foreclosure. Keep making your payments while you wait if you can.
Sample letter 1: notice of error
Copy this, fill in the brackets, and send it to the address your servicer uses for errors. Write one clear error in each paragraph. Keep a copy and proof of the date it was delivered. The CFPB also has a sample notice of error letter.
- [Your full name, as it appears on the mortgage]. [Property address]. [Your mailing address, if different]. [Your phone number]. [Today's date].
- To: [Servicer name], [the address your servicer uses for notices of error].
- Re: Notice of error. Loan number [your loan number].
- I am writing to tell you about an error on my mortgage account. I believe the following error occurred: [describe the error in plain words, for example: "My payment of $[amount] sent on [date] by [check number or confirmation number] was not credited to my account" or "You charged a $[amount] fee on [date] that I do not believe I owe"].
- Please correct the error, tell me in writing what you corrected and the date the correction takes effect, and give me a phone number for questions. If you decide that no error occurred, please tell me why in writing and send me copies of the documents you relied on.
- I have enclosed copies of [list what you are sending, such as a bank statement or receipt]. [Your signature].
Sample letter 2: request for information
Ask only for what you need, so the servicer cannot call the request overbroad. The CFPB also has a sample request for information letter.
- [Your full name, as it appears on the mortgage]. [Property address]. [Your mailing address, if different]. [Your phone number]. [Today's date].
- To: [Servicer name], [the address your servicer uses for information requests].
- Re: Request for information. Loan number [your loan number].
- I am requesting the following information about my mortgage loan: [list each item, for example: "the name, address and phone number of the owner of my loan"; "a payment history from [month and year] to today showing each payment, fee and charge and how it was applied"; "an itemized list of the fees and costs you say I owe"; or "the status of my loss mitigation application sent on [date]"].
- Please send the information in writing, with a phone number for questions. [Your signature].
What to do this week
- If you got an acknowledgment, put the answer due date on your calendar: 30 business days from when the servicer received your letter, or the shorter deadline above.
- If you got a "no error" letter and still disagree, ask in writing for the documents the servicer relied on. They are free and due within 15 business days.
- If the deadline passes with no answer, or the answer does not deal with what you asked, file a complaint with the CFPB or call (855) 411-2372. Keep copies of everything.
- If a foreclosure sale is scheduled, do not wait for the letter to work. Call a free HUD-approved housing counselor at (800) 569-4287, read your federal rights, and talk to a lawyer or legal aid.
- These are federal rules, so they work the same way in every state. Your state's foreclosure process and deadlines still apply; see your state's page.
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
Is a qualified written request (QWR) different from a notice of error?
Not in practice. A QWR is a letter that either says why you think your account is wrong or asks for servicing information. The servicer must handle it under the same deadlines as a notice of error or a request for information.
Can I send the letter by email or through the servicer's website?
The rules require a written notice and let the servicer name a specific address for these letters. If your servicer has named one, use it. If you are not sure what counts, mail the letter to that address in a way you can track, and keep the receipt.
Will sending a notice of error stop my foreclosure?
Usually not by itself. It does stop the servicer from reporting a disputed payment to the credit bureaus for 60 days, and the servicer must answer an error about the federal foreclosure timing rules before a sale. To pause a foreclosure, ask about loss mitigation and see your federal rights.
My servicer charged me to send my payment history. Is that allowed?
No. A servicer cannot charge a fee for answering a request for information or a notice of error. The one exception is a fee for a beneficiary notice where your state's law allows it.
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. § 1024.35, error resolution procedures (eCFR)
- 12 C.F.R. § 1024.36, requests for information (eCFR)
- 12 C.F.R. § 1024.31, definitions (eCFR)
- 12 C.F.R. § 1024.30, scope and successors in interest (eCFR)
- Supplement I to 12 C.F.R. part 1024, official interpretations (eCFR)
- CFPB: How do I dispute an error or request information about my mortgage?
- CFPB: What is a Qualified Written Request (QWR)?
- CFPB sample letter: notice of error to a mortgage servicer (Word file)
- CFPB sample letter: request for information to a mortgage servicer (Word file)
- CFPB: Submit a complaint
- CFPB: Find a housing counselor