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If you believe your mortgage servicer misapplied a payment, mishandled escrow, or charged an improper fee, send a focused written notice of error to the servicer’s designated address. Identify your loan, explain the specific problem, and keep proof of delivery. You may also request records, but disputing an error does not pause your obligation to make scheduled mortgage payments.
How do I dispute an error or request information about my mortgage?
Federal Regulation X gives borrowers a process to notify a mortgage servicer of certain servicing errors and to request account information. The Consumer Financial Protection Bureau (CFPB) recommends putting the notice in writing. Check your mortgage statement, coupon book, servicer notice, or the servicer’s website for a designated address for notices of error or information requests; use that address if one is provided. Do not put the dispute on a payment coupon or other payment form.
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- Identify the loan. Include your name as it appears on the mortgage and the account number, or other details sufficient for the servicer to identify the account.
- Describe the specific error. State what happened and what you believe should have happened. For a payment issue, include the payment date, amount, and method. For an escrow issue, identify the charge, disbursement, or account change in question.
- Say what you want the servicer to do. Request a correction and, if useful, particular records or an explanation.
- Attach copies, not originals. Useful records may include bank statements, payment confirmations, canceled checks, escrow statements, tax notices, insurance invoices, and earlier correspondence.
- Keep a complete record. Save the letter, enclosures, and evidence showing when and where you sent it.
The CFPB provides sample letters for a notice of error and a request for information. One letter may serve both purposes if it meets the requirements for each.
Notice of error or request for information?
A notice of error asks the servicer to investigate and correct a specified servicing problem. A request for information asks for records or other information about the account. For example, you can dispute an escrow disbursement while also requesting the escrow analysis and transaction history. The CFPB explains the request-for-information process.
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Which mortgage problems can count as servicing errors?
Regulation X lists errors that can include a servicer’s failure to accept a payment that complies with its written requirements; failure to apply an accepted payment to principal, interest, escrow, or other charges as required; certain failures to credit a payment as of its receipt; late escrow disbursements; escrow-refund errors; fees without a reasonable basis; and other servicing errors. The rule also covers specified servicing-transfer and foreclosure-process errors.
The process is about servicing, not every disagreement involving a mortgage. Loan origination or underwriting, or the decision to sell or transfer servicing, is not by itself a covered error under this procedure. However, inaccurate transfer of your servicing information can be a servicing error. See the CFPB’s current electronic text of Regulation X § 1024.35.
How to frame an escrow dispute
An escrow payment increase or shortage does not, on its own, show that the servicer made an error. Ask for the annual escrow analysis, transaction history, disbursement records, and the basis for the shortage or payment change. Compare projected amounts with tax bills, insurance invoices, and actual payments. Regulation X contains rules for escrow accounts, but whether a particular calculation or charge is correct depends on the account documents and facts.
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What should the letter say?
Make each issue distinct and easy to understand. For example: “My payment of $1,850 was submitted through [method] on [date]. My bank record shows it was received, but the account history does not show the payment applied to principal and interest. Please investigate, correct the account if appropriate, and provide the payment history for [period].” Adapt the wording to the facts; do not state as certain anything you have not verified.
- Your current mailing address and name as shown on the mortgage.
- The loan account number or other identifying details.
- A concise, dated description of each alleged error and the correction you are requesting.
- Specific records that would help you understand the account, such as a payment history, escrow analysis, transaction ledger, disbursement record, or fee explanation.
- Copies of relevant supporting evidence.
- A request for written confirmation of any correction. If the servicer finds no error, ask for its explanation and information on how to obtain the records it relied on.
You generally do not have to provide supporting documents as a condition of the servicer investigating. Still, relevant evidence can help the servicer understand the issue. Regulation X allows special handling of certain duplicative or overbroad notices; an overbroad notice is one that does not let the servicer reasonably identify the specific asserted error.
What response should I expect, and when?
Under the CFPB’s current electronic version of Regulation X § 1024.35, a servicer generally must acknowledge a notice of error within five days, excluding Saturdays, Sundays, and legal public holidays. For most servicing errors, it generally must respond within 30 days, excluding those days. In an eligible case, the servicer may extend the response period by 15 days if it gives written notice of the extension and its reasons before the initial period expires.
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There are different timing rules for certain issues. A payoff-balance error generally has a seven-day response deadline. For specified errors involving a foreclosure notice, judgment, or sale, the deadline is before the foreclosure sale or 30 days after receipt, whichever is earlier. If the notice arrives seven or fewer days before a foreclosure sale, a different good-faith-attempt rule applies. These deadlines do not replace deadlines in court papers or stop a foreclosure case.
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The response should state the correction and its effective date. Review the account afterward to confirm that the payment, fee, or escrow entry reflects the stated correction.
If the servicer says there was no error
The servicer must explain why it found no error and describe how to request the documents it relied on. If you request those documents, they are generally due at no charge within 15 days, excluding Saturdays, Sundays, and legal public holidays. A servicer may ask you for supporting material, but it cannot make its investigation conditional on your providing it.
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Do I still have to make my mortgage payments?
Yes. A notice of error does not suspend scheduled payments. The servicer cannot require you to pay an amount that may be owed on the account as a condition of responding, but you remain responsible for payments required by your loan terms. The CFPB puts it plainly: continue making mortgage payments as scheduled while waiting for a response.
For 60 days after receiving a notice of error, the servicer generally may not furnish adverse information to a consumer reporting agency about the payment that is the subject of the notice. This limited protection concerns the disputed payment; it is not a general freeze on credit reporting, collection, or other payments. See Regulation X § 1024.35.
What is specific to escrow errors?
For escrow accounts covering taxes, insurance, or other property charges, Regulation X requires timely disbursement by the deadline needed to avoid a penalty under the rule. If you paid off the mortgage in full, the servicer generally must return remaining escrow funds under its control within 20 days, excluding Saturdays, Sundays, and legal public holidays. The applicable rule is in Regulation X § 1024.34.
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For a disputed shortage or increase, request the escrow analysis and ledger and compare them with the actual tax and insurance bills. Whether a particular tax bill, premium, analysis, or adjustment is valid depends on your documents and circumstances.
What if the servicer does not resolve the problem?
If the response does not address the issue, or you cannot get a resolution, you can submit a complaint to the CFPB online or call the number listed on its complaint page. The CFPB also directs borrowers to HUD-approved housing counselors.
If a foreclosure sale is imminent or you have been served legal papers, treat the matter as urgent: contact a qualified attorney promptly. A housing counselor may help, but may not replace legal advice. Federal rules are only part of the picture; state law, loan type, court deadlines, your servicer’s address instructions, and your account records can affect what to do next.
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