This is a sample of a letter typically sent at the beginning of litigation, or pre-litigation, advising the Defendant to preserve all relevant documents and electronic records. This ESI preservation letter is related to Notices of Error sent to the servicer. Letter drafted by Thomas Cox.
An important new borrower right, effective January 10, 2014, may require a mortgage servicer to cancel or postpone a foreclosure sale when the servicer initiated the foreclosure while still evaluating the homeowner for loss mitigation options or during the 120-day pre-foreclosure waiting period. The borrower or the borrower’s agent may assert this right by sending a notice of error to the servicer. Under the Regulation X provision implementing 12 U.S.C.
Appropriate alterations based on your client’s situation must be made before sending the following sample notice and request. Only those specific request items that are applicable to your client and needed to assist in representing the client should be included.
See also NCLC's Mortgage Servicing and Loan Modifications.
This form written request can be used to obtain from the servicer of the debtor’s mortgage information about the owner of the mortgage. This information is particularly useful in determining the proper party in foreclosure proceedings, for exercising rescission rights, for naming the proper party in bankruptcy lien strip off and claim objection proceedings, and for effectuating service of process on the mortgage owner in litigation matters.
This sample form request for information can be used to seek information about a borrower’s request for loss mitigation. Under the Regulation X provision implementing 12 U.S.C.
For post-August 4, 2014 loans where NBS was named as an Eligible Non-Borrowing Spouse in the loan docs, this sample NOE can be used to dispute the servicer’s failure to evaluate the NBS for the deferral period, or improper denial based on failure to meet the requirement of establishing ownership or legal right to remain in the property within 90 days of the borrower’s death.
This is a sample notice of error and request for information (pursuant to RESPA regulations). This sample can be used to request information from a servicer about the status of an MOE (Mortgagee Optional Election) assignment, particularly where it appears HUD may not have approved a request for assignment, and the advocate is trying to determine the reason.
This is a sample notice of error from a homeowner (pursuant to RESPA regulations). The notice asks the reverse mortgage lender to stop either acceleration or foreclosure of the reverse mortgage because, despite the lender’s claims, the property is in fact occupied. The notice provides evidence of that occupancy.
This document summarizes where on the NCLC Digital Library can be found various types of sample Notices of Error or Request for Information, sent pursuant to RESPA rights.
Mortgage Servicing and Loan Modifications Appx E.2 contains nine RESPA notices of error and requests for information, that can be copy/pasted, downloaded as pdfs, and emailed.