- Bankruptcy Basics
- Chapter 11 Bankruptcy
- Chapter 13 Bankruptcy
- Chapter 7 Bankruptcy
- Debt Collectors and Consumer Rights
- Divorce and Bankruptcy
- Going to Court
- Property & Exemptions
- Student Loans
- Taxes and Bankruptcy
- Wage Garnishment
Understanding the Assignment of Mortgages: What You Need To Know
3 minute read • Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool
A mortgage is a legally binding agreement between a home buyer and a lender that dictates a borrower's ability to pay off a loan. Every mortgage has an interest rate, a term length, and specific fees attached to it.
Written by Attorney Todd Carney . Updated November 26, 2021
If you’re like most people who want to purchase a home, you’ll start by going to a bank or other lender to get a mortgage loan. Though you can choose your lender, after the mortgage loan is processed, your mortgage may be transferred to a different mortgage servicer . A transfer is also called an assignment of the mortgage.
No matter what it’s called, this change of hands may also change who you’re supposed to make your house payments to and how the foreclosure process works if you default on your loan. That’s why if you’re a homeowner, it’s important to know how this process works. This article will provide an in-depth look at what an assignment of a mortgage entails and what impact it can have on homeownership.
Assignment of Mortgage – The Basics
When your original lender transfers your mortgage account and their interests in it to a new lender, that’s called an assignment of mortgage. To do this, your lender must use an assignment of mortgage document. This document ensures the loan is legally transferred to the new owner. It’s common for mortgage lenders to sell the mortgages to other lenders. Most lenders assign the mortgages they originate to other lenders or mortgage buyers.
Home Loan Documents
When you get a loan for a home or real estate, there will usually be two mortgage documents. The first is a mortgage or, less commonly, a deed of trust . The other is a promissory note. The mortgage or deed of trust will state that the mortgaged property provides the security interest for the loan. This basically means that your home is serving as collateral for the loan. It also gives the loan servicer the right to foreclose if you don’t make your monthly payments. The promissory note provides proof of the debt and your promise to pay it.
When a lender assigns your mortgage, your interests as the mortgagor are given to another mortgagee or servicer. Mortgages and deeds of trust are usually recorded in the county recorder’s office. This office also keeps a record of any transfers. When a mortgage is transferred so is the promissory note. The note will be endorsed or signed over to the loan’s new owner. In some situations, a note will be endorsed in blank, which turns it into a bearer instrument. This means whoever holds the note is the presumed owner.
Using MERS To Track Transfers
Banks have collectively established the Mortgage Electronic Registration System , Inc. (MERS), which keeps track of who owns which loans. With MERS, lenders are no longer required to do a separate assignment every time a loan is transferred. That’s because MERS keeps track of the transfers. It’s crucial for MERS to maintain a record of assignments and endorsements because these land records can tell who actually owns the debt and has a legal right to start the foreclosure process.
Upsolve User Experiences
Assignment of Mortgage Requirements and Effects
The assignment of mortgage needs to include the following:
The original information regarding the mortgage. Alternatively, it can include the county recorder office’s identification numbers.
The borrower’s name.
The mortgage loan’s original amount.
The date of the mortgage and when it was recorded.
Usually, there will also need to be a legal description of the real property the mortgage secures, but this is determined by state law and differs by state.
The original lender doesn’t need to provide notice to or get permission from the homeowner prior to assigning the mortgage. But the new lender (sometimes called the assignee) has to send the homeowner some form of notice of the loan assignment. The document will typically provide a disclaimer about who the new lender is, the lender’s contact information, and information about how to make your mortgage payment. You should make sure you have this information so you can avoid foreclosure.
When an assignment occurs your loan is transferred, but the initial terms of your mortgage will stay the same. This means you’ll have the same interest rate, overall loan amount, monthly payment, and payment due date. If there are changes or adjustments to the escrow account, the new lender must do them under the terms of the original escrow agreement. The new lender can make some changes if you request them and the lender approves. For example, you may request your new lender to provide more payment methods.
Taxes and Insurance
If you have an escrow account and your mortgage is transferred, you may be worried about making sure your property taxes and homeowners insurance get paid. Though you can always verify the information, the original loan servicer is responsible for giving your local tax authority the new loan servicer’s address for tax billing purposes. The original lender is required to do this after the assignment is recorded. The servicer will also reach out to your property insurance company for this reason.
If you’ve received notice that your mortgage loan has been assigned, it’s a good idea to reach out to your loan servicer and verify this information. Verifying that all your mortgage information is correct, that you know who to contact if you have questions about your mortgage, and that you know how to make payments to the new servicer will help you avoid being scammed or making payments incorrectly.
In a mortgage assignment, your original lender or servicer transfers your mortgage account to another loan servicer. When this occurs, the original mortgagee or lender’s interests go to the next lender. Even if your mortgage gets transferred or assigned, your mortgage’s terms should remain the same. Your interest rate, loan amount, monthly payment, and payment schedule shouldn’t change.
Your original lender isn’t required to notify you or get your permission prior to assigning your mortgage. But you should receive correspondence from the new lender after the assignment. It’s important to verify any change in assignment with your original loan servicer before you make your next mortgage payment, so you don’t fall victim to a scam.
Attorney Todd Carney
Attorney Todd Carney is a writer and graduate of Harvard Law School. While in law school, Todd worked in a clinic that helped pro-bono clients file for bankruptcy. Todd also studied several aspects of how the law impacts consumers. Todd has written over 40 articles for sites such... read more about Attorney Todd Carney
Continue reading and learning!
It's easy to get help
Choose one of the options below to get assistance with your bankruptcy:
Free Web App
Take our screener to see if Upsolve is right for you.
Get a free bankruptcy evaluation from an independent law firm.
Research and understand your options with our articles and guides.
Already an Upsolve user?
Bankruptcy Basics ➜
- What Is Bankruptcy?
- Every Type of Bankruptcy Explained
- How To File Bankruptcy for Free: A 10-Step Guide
- Can I File for Bankruptcy Online?
Chapter 7 Bankruptcy ➜
- What Are the Pros and Cons of Filing Chapter 7 Bankruptcy?
- What Is Chapter 7 Bankruptcy & When Should I File?
- Chapter 7 Means Test Calculator
Wage Garnishment ➜
- How To Stop Wage Garnishment Immediately
Property & Exemptions ➜
- What Are Bankruptcy Exemptions?
- Chapter 7 Bankruptcy: What Can You Keep?
- Yes! You Can Get a Mortgage After Bankruptcy
- How Long After Filing Bankruptcy Can I Buy a House?
- Can I Keep My Car If I File Chapter 7 Bankruptcy?
- Can I Buy a Car After Bankruptcy?
- Should I File for Bankruptcy for Credit Card Debt?
- How Much Debt Do I Need To File for Chapter 7 Bankruptcy?
- Can I Get Rid of my Medical Bills in Bankruptcy?
Student Loans ➜
- Can You File Bankruptcy on Student Loans?
- Can I Discharge Private Student Loans in Bankruptcy?
- Navigating Financial Aid During and After Bankruptcy: A Step-by-Step Guide
- Filing Bankruptcy to Deal With Your Student Loan Debt? Here Are 3 Things You Should Know!
Debt Collectors and Consumer Rights ➜
- 3 Steps To Take if a Debt Collector Sues You
- How To Deal With Debt Collectors (When You Can’t Pay)
Taxes and Bankruptcy ➜
- What Happens to My IRS Tax Debt if I File Bankruptcy?
- What Happens to Your Tax Refund in Bankruptcy
Chapter 13 Bankruptcy ➜
- Chapter 7 vs. Chapter 13 Bankruptcy: What’s the Difference?
- Why is Chapter 13 Probably A Bad Idea?
- How To File Chapter 13 Bankruptcy: A Step-by-Step Guide
- What Happens When a Chapter 13 Case Is Dismissed?
Going to Court ➜
- Do You Have to Go To Court to File Bankruptcy?
- Telephonic Hearings in Bankruptcy Court
Divorce and Bankruptcy ➜
- How to File Bankruptcy After a Divorce
- Chapter 13 and Divorce
Chapter 11 Bankruptcy ➜
- Chapter 7 vs. Chapter 11 Bankruptcy
- Reorganizing Your Debt? Chapter 11 or Chapter 13 Bankruptcy Can Help!
State Guides ➜
- District Of Columbia
- New Hampshire
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
Upsolve is a 501(c)(3) nonprofit that started in 2016 . Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can't access their basic rights when they can't afford to pay for help. Combining direct services and advocacy, we're fighting this injustice.
To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.
- Assignment of Mortgage
Get free proposals from vetted lawyers in our marketplace.
Real Estate Terms Glossary
- Annual Percentage Rate
- Application Fee
- Assessed Value
- Assumable Mortgage
- Assumption Fee
- Automated Underwriting
- Balance Sheet
- Balloon Mortgage
- Balloon Payment
- Before-tax Income
- Biweekly Payment Mortgage
- Bridge Loan
- Building Code
What is an Assignment of Mortgage?
In real estate, an assignment of mortgage is the transfer of a mortgage, or mortgage note , to another party which typically happens on the servicing side or lender side. This is commonly seen one when lender sells or transfers your mortgage to another lender. Lenders typically have the right to to sell mortgages and assign them to new parties, but don’t typically allow borrowers to do the same. When a borrower transfers their mortgage obligation to a new party, this is called an assumed mortgage.
Assignment of Mortgage Examples
Examples where you will find assignment of mortgages include:
- Example 1. A lender selling your mortgage to another lender for servicing.
Here’s Property Shark’s definition of assignment of mortgage .
Meet some of our Real Estate Lawyers
Bobby E. Hill, Jr. is a native of Tuscaloosa, Alabama and holds undergraduate degrees in music and business administration from Xavier University of Louisiana. He received his Juris Doctor from the University of Miami School of Law where he was a staff and articles editor for the school’s Race & Social Justice Law Review and a student attorney in the institution’s Immigration Clinic. In addition to freelancing, Bobby is currently a litigation associate at Johnson & Freeman, LLC, a boutique litigation firm in Atlanta, Georgia, where he practices in the firm's Condemnation, Probate, Real Estate Litigation, Real Estate Transactions, E-Discovery and Business and General Civil Litigation Practice areas. In this role, Bobby has acquired appreciable experience in drafting memoranda of law for partners and senior counsel, and all litigation related pleadings including pleadings related to dispositive motions, discovery, appeals, and other post-judgment relief.
Experienced in house counsel with expertise in contracting, labor and employment, regulatory and compliance and healthcare
Christine E. Taylor focuses her practice in the areas of Hospitality Law, Business Law, Labor and Employment Law, Real Estate Law, Administrative Law, Estate Law and Litigation. Ms. Taylor grew up within the campground industry, working at parks in both the Yogi Bear’s Jellystone Park Franchise and the Kampgrounds of America Franchise. Armed with two decades of experience, Ms. Taylor is quick to point out the legal issues that apply to outdoor hospitality business owners. She has provided a wide variety of services to campgrounds, RV Parks, and glamping venues, including seasonal licenses, waivers, employment contracts, real estate services and even litigation services as needed.
I help clients with: buying and selling commercial properties including multi-family and office projects, subdivisions, retail shopping centers; and negotiating leases for retail and office landlords, retail tenants and office tenants. Over 23 years I've honed my skills by running deals at an Amlaw-100 firm, an elite real estate boutique in Aspen, Colorado and a few highly regarded national firms based in Denver, Colorado, before starting my own solo practice in 2016. Since 2016 I've been helping my clients with real estate and business deals. I'm a commercial real estate and business expert with a passion for helping clients forge successful ventures in an efficient and understandable manner.
Jessica Molligan is an attorney with twenty years of experience in family law, bankruptcy, and litigation.
Skilled/versatile attorney (and RE broker) with 10+ years' experience and diverse background in real estate, business law, injury litigation, estate planning. Select Experience: • Former General Counsel (and current Of Counsel) for a prominent real estate developer touching on all aspects of business in a hands-on and advisory role, including Lease and PSA contract negotiations; • Years of successful injury litigation practice as associate and solo (primarily plaintiff, some defense) with multiple six-figure settlements; • Years of expertise in business law for a variety of industries as well as estate planning for small to mid-size entities.
Find the best lawyer for your project
Real estate lawyers by city.
- Atlanta Real Estate Lawyers
- Austin Real Estate Lawyers
- Boston Real Estate Lawyers
- Chicago Real Estate Lawyers
- Dallas Real Estate Lawyers
- Denver Real Estate Lawyers
- Fort Lauderdale Real Estate Lawyers
- Houston Real Estate Lawyers
- Las Vegas Real Estate Lawyers
- Los Angeles Real Estate Lawyers
- Memphis Real Estate Lawyers
- Miami Real Estate Lawyers
- New York Real Estate Lawyers
- Oklahoma City Real Estate Lawyers
- Orlando Real Estate Lawyers
- Philadelphia Real Estate Lawyers
- Phoenix Real Estate Lawyers
- Richmond Real Estate Lawyers
- Salt Lake City Real Estate Lawyers
- San Antonio Real Estate Lawyers
- San Diego Real Estate Lawyers
- San Francisco Real Estate Lawyers
- Seattle Real Estate Lawyers
- Tampa Real Estate Lawyers
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.
I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.
I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.
How It Works
Post Your Project
Get Free Bids to Compare
Hire Your Lawyer
Find lawyers and attorneys by city
- (888) 634-7684
- mintrak® 2 ™
Assignment of Mortgage (AOM) Service
Protect your investment with the right partner.
When loans are bought and sold, it’s good practice for buyers to take control of the process and partner with an experienced third party to ensure that assignments are done correctly. When a buyer is in control of the assignment, careful follow-up will ensure that everything is signed, returned and sent for electronic recording.
If the buyer is not on the county record as the loan owner, it can put the investment at risk. This is especially important for non-performing loans, which are commonly sold. It’s critical that paperwork is done timely and correctly on these loans. For this type, portfolio modifications or foreclosure is the resolution. The new owner of the asset must be on record with a proper chain of title to follow this path. An investor who is not listed in the real property records as the owner will not be notified of adverse incidents or situations. This can be critical information to managing your assets properly.
The rejection of a lien release by the county is another potential risk when the loan on record is not in the investor’s name. A borrower who pays off a loan may suffer as a result of difficulty in releasing the lien , resulting in poor service to the customer.
How Our Assignment Service Works
Our assignment solution is built around good communication with our clients, allowing us to work quickly and efficiently. We rely on our proprietary system, Eclipse TM , and a team dedicated to your success. Here’s how the process works:
- You provide the legal names of the assignor and assignee and we load the information into Eclipse, eliminating the need to re-enter every assignment and providing you with easy-to-access, real-time insight into file statuses
- Once the appropriate source document is provided (recorded mortgage/DOT/title policy), MetaSource generates an assignment document using county specific rules to eliminate obstacles that can lead to rejection
- The assignment is recorded electronically, where possible, and sent by mail using our in-house sending and tracking system where e-recording is not an option
- When the recorded assignment is received from the county, your assignment is imaged for further routing and the original is returned to you or your designee
We manage the assignment process every step of the way until the recording process is complete.
Tracking Missing Assignments
Missing intervening assignments is another potential challenge that may arise. Tracking down missing assignments is time consuming, but becomes even harder if those assignments belong to companies that have gone out of business. In that case, an experienced document services provider can provide valuable help.
MetaSource leverages its database of contact information for companies and their authorized employees to get problems resolved quickly. Even servicers and investors with staff to handle this problem can leverage our extensive database to determine how quickly problems might be solved.
Contact us to learn more about our assignment of mortgage service
- Find a Lawyer
- Legal Topics
- Real Estate Law
Mortgage Assignment Laws and Definition
(This may not be the same place you live)
What is a Mortgage Assignment?
A mortgage is a legal agreement. Under this agreement, a bank or other lending institution provides a loan to an individual seeking to finance a home purchase. The lender is referred to as a creditor. The person who finances the home owes money to the bank, and is referred to as the debtor.
To make money, the bank charges interest on the loan. To ensure the debtor pays the loan, the bank takes a security interest in what the loan is financing — the home itself. If the buyer fails to pay the loan, the bank can take the property through a foreclosure proceeding.
There are two main documents involved in a mortgage agreement. The document setting the financial terms and conditions of repayment is known as the mortgage note. The bank is the owner of the note. The note is secured by the mortgage. This means if the debtor does not make payment on the note, the bank may foreclose on the home.
The document describing the mortgaged property is called the mortgage agreement. In the mortgage agreement, the debtor agrees to make payments under the note, and agrees that if payment is not made, the bank may institute foreclosure proceedings and take the home as collateral .
An assignment of a mortgage refers to an assignment of the note and assignment of the mortgage agreement. Both the note and the mortgage can be assigned. To assign the note and mortgage is to transfer ownership of the note and mortgage. Once the note is assigned, the person to whom it is assigned, the assignee, can collect payment under the note.
Assignment of the mortgage agreement occurs when the mortgagee (the bank or lender) transfers its rights under the agreement to another party. That party is referred to as the assignee, and receives the right to enforce the agreement’s terms against the assignor, or debtor (also called the “mortgagor”).
What are the Requirements for Executing a Mortgage Assignment?
What are some of the benefits and drawbacks of mortgage assignments, are there any defenses to mortgage assignments, do i need to hire an attorney for help with a mortgage assignment.
For a mortgage to be validly assigned, the assignment document (the document formally assigning ownership from one person to another) must contain:
- The current assignor name.
- The name of the assignee.
- The current borrower or borrowers’ names.
- A description of the mortgage, including date of execution of the mortgage agreement, the amount of the loan that remains, and a reference to where the mortgage was initially recorded. A mortgage is recorded in the office of a county clerk, in an index, typically bearing a volume or page number. The reference to where the mortgage was recorded should include the date of recording, volume, page number, and county of recording.
- A description of the property. The description must be a legal description that unambiguously and completely describes the boundaries of the property.
There are several types of assignments of mortgage. These include a corrective assignment of mortgage, a corporate assignment of mortgage, and a mers assignment of mortgage. A corrective assignment corrects or amends a defect or mistake in the original assignment. A corporate assignment is an assignment of the mortgage from one corporation to another.
A mers assignment involves the Mortgage Electronic Registration System (MERS). Mortgages often designate MERS as a nominee (agent for) the lender. When the lender assigns a mortgage to MERS, MERS does not actually receive ownership of the note or mortgage agreement. Instead, MERS tracks the mortgage as the mortgage is assigned from bank to bank.
An advantage of a mortgage assignment is that the assignment permits buyers interested in purchasing a home, to do so without having to obtain a loan from a financial institution. The buyer, through an assignment from the current homeowner, assumes the rights and responsibilities under the mortgage.
A disadvantage of a mortgage assignment is the consequences of failing to record it. Under most state laws, an entity seeking to institute foreclosure proceedings must record the assignment before it can do so. If a mortgage is not recorded, the judge will dismiss the foreclosure proceeding.
Failure to observe mortgage assignment procedure can be used as a defense by a homeowner in a foreclosure proceeding. Before a bank can institute a foreclosure proceeding, the bank must record the assignment of the note. The bank must also be in actual possession of the note.
If the bank fails to “produce the note,” that is, cannot demonstrate that the note was assigned to it, the bank cannot demonstrate it owns the note. Therefore, it lacks legal standing to commence a foreclosure proceeding.
If you need help with preparing an assignment of mortgage, you should contact a mortgage lawyer . An experienced mortgage lawyer near you can assist you with preparing and recording the document.
Need a Mortgage Lawyer in your Area?
- New Hampshire
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
LegalMatch Legal Writer
Prior to joining LegalMatch, Daniel worked as a legal editor for a large HR Compliance firm, focusing on employer compliance in numerous areas of the law including workplace safety law, health care law, wage and hour law, and cybersecurity. Prior to that, Daniel served as a litigator for several small law firms, handling a diverse caseload that included cases in Real Estate Law (property ownership rights, residential landlord/tenant disputes, foreclosures), Employment Law (minimum wage and overtime claims, discrimination, workers’ compensation, labor-management relations), Construction Law, and Commercial Law (consumer protection law and contracts). Daniel holds a J.D. from the Emory University School of ... Read More
Preparing for Your Case
- What to Do to Have a Strong Mortgage Law Case
- Assumable Mortgages
- Loan Modification Laws
- Behind on Mortgage Payments Lawyers
- Home Improvement Loan Disputes
- Reverse Mortgages for Senior Citizens
- Mortgage Settlement Scams
- Short Sale Fraud Schemes
- Deed of Trust or a Mortgage, What's the Difference?
- Owner Carryback Mortgages
- Contract for Deed Lawyers Near Me
- Mortgage Subrogation
- Property Lien Waivers and Releases
- Different Types of Promissory Notes
- Repayment Schedules for Promissory Notes
- Ft. Lauderdale Condos and Special Approval Loans
- Special Approval Loans for Miami Condos
- Removing a Lien on Property
- Mortgage Loan Fraud
- Subprime Mortgage Lawsuits
- Property Flipping and Mortgage Loan Fraud
- Avoid Being a Victim of Mortgage Fraud
- Second Mortgage Lawyers
- Settlement Statement Lawyers
- Loan Approval / Commitment Lawyers
- Broker Agreement Lawyers
- Truth in Lending Disclosure Statement (TILA)
- Housing and Urban Development (HUD) Info Lawyers
- Good Faith Estimate Lawyers
- Mortgage Lawyers
Discover the Trustworthy LegalMatch Advantage
- No fee to present your case
- Choose from lawyers in your area
- A 100% confidential service
How does LegalMatch work?
Law Library Disclaimer
16 people have successfully posted their cases
12 U.S. Code § 2605 - Servicing of mortgage loans and administration of escrow accounts
Each person who makes a federally related mortgage loan shall disclose to each person who applies for the loan, at the time of application for the loan, whether the servicing of the loan may be assigned, sold, or transferred to any other person at any time while the loan is outstanding.
Each servicer of any federally related mortgage loan shall notify the borrower in writing of any assignment, sale, or transfer of the servicing of the loan to any other person.
Except as provided under subparagraphs (B) and (C), the notice required under paragraph (1) shall be made to the borrower not less than 15 days before the effective date of transfer of the servicing of the mortgage loan (with respect to which such notice is made).
The provisions of subparagraphs (A) and (B) shall not apply to any assignment, sale, or transfer of the servicing of any mortgage loan if the person who makes the loan provides to the borrower, at settlement (with respect to the property for which the mortgage loan is made), written notice under paragraph (3) of such transfer.
Each transferee servicer to whom the servicing of any federally related mortgage loan is assigned, sold, or transferred shall notify the borrower of any such assignment, sale, or transfer.
Except as provided in subparagraphs (B) and (C), the notice required under paragraph (1) shall be made to the borrower not more than 15 days after the effective date of transfer of the servicing of the mortgage loan (with respect to which such notice is made).
Any notice required under paragraph (1) shall include the information described in subsection (b)(3).
During the 60-day period beginning on the effective date of transfer of the servicing of any federally related mortgage loan, a late fee may not be imposed on the borrower with respect to any payment on such loan and no such payment may be treated as late for any other purposes, if the payment is received by the transferor servicer (rather than the transferee servicer who should properly receive payment) before the due date applicable to such payment.
If any servicer of a federally related mortgage loan receives a qualified written request from the borrower (or an agent of the borrower) for information relating to the servicing of such loan, the servicer shall provide a written response acknowledging receipt of the correspondence within 5 days (excluding legal public holidays, Saturdays, and Sundays) unless the action requested is taken within such period.
During the 60-day period beginning on the date of the servicer ’s receipt from any borrower of a qualified written request relating to a dispute regarding the borrower’s payments, a servicer may not provide information regarding any overdue payment, owed by such borrower and relating to such period or qualified written request, to any consumer reporting agency (as such term is defined under section 1681a of title 15 ).
The 30-day period described in paragraph (2) may be extended for not more than 15 days if, before the end of such 30-day period, the servicer notifies the borrower of the extension and the reasons for the delay in responding.
In addition to the amounts under paragraph (1) or (2), in the case of any successful action under this section, the costs of the action, together with any attorneys fees incurred in connection with such action as the court may determine to be reasonable under the circumstances.
A transferor or transferee servicer shall not be liable under this subsection for any failure to comply with any requirement under this section if, within 60 days after discovering an error (whether pursuant to a final written examination report or the servicer ’s own procedures) and before the commencement of an action under this subsection and the receipt of written notice of the error from the borrower, the servicer notifies the person concerned of the error and makes whatever adjustments are necessary in the appropriate account to ensure that the person will not be required to pay an amount in excess of any amount that the person otherwise would have paid.
If the terms of any federally related mortgage loan require the borrower to make payments to the servicer of the loan for deposit into an escrow account for the purpose of assuring payment of taxes, insurance premiums, and other charges with respect to the property, the servicer shall make payments from the escrow account for such taxes, insurance premiums, and other charges in a timely manner as such payments become due. Any balance in any such account that is within the servicer ’s control at the time the loan is paid off shall be promptly returned to the borrower within 20 business days or credited to a similar account for a new mortgage loan to the borrower with the same lender.
Notwithstanding any provision of any law or regulation of any State, a person who makes a federally related mortgage loan or a servicer shall be considered to have complied with the provisions of any such State law or regulation requiring notice to a borrower at the time of application for a loan or transfer of the servicing of a loan if such person or servicer complies with the requirements under this section regarding timing, content, and procedures for notification of the borrower.
The term “ effective date of transfer ” means the date on which the mortgage payment of a borrower is first due to the transferee servicer of a mortgage loan pursuant to the assignment, sale, or transfer of the servicing of the mortgage loan.
The term “ servicing ” means receiving any scheduled periodic payments from a borrower pursuant to the terms of any loan, including amounts for escrow accounts described in section 2609 of this title , and making the payments of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the loan.
A person who makes a federally related mortgage loan shall not be liable to a borrower because of a failure of such person to comply with subsection (a) with respect to an application for a loan made by the borrower before the regulations referred to in paragraph (3) take effect.
A servicer of a federally related mortgage loan shall not be liable to a borrower because of a failure of the servicer to perform any duty under subsection (b), (c), (d), or (e) that arises before the regulations referred to in paragraph (3) take effect.
The Bureau shall establish any requirements necessary to carry out this section. Such regulations shall include the model disclosure statement required under subsection (a)(2).
For purposes of this subsection and subsections (l) and (m), the term “ force-placed insurance ” means hazard insurance coverage obtained by a servicer of a federally related mortgage when the borrower has failed to maintain or renew hazard insurance on such property as required of the borrower under the terms of the mortgage.
A servicer of a federally related mortgage shall accept any reasonable form of written confirmation from a borrower of existing insurance coverage, which shall include the existing insurance policy number along with the identity of, and contact information for, the insurance company or agent, or as otherwise required by the Bureau of Consumer Financial Protection.
No provision of this section shall be construed as prohibiting a servicer from providing simultaneous or concurrent notice of a lack of flood insurance pursuant to section 4012a(e) of title 42 .
All charges, apart from charges subject to State regulation as the business of insurance, related to force-placed insurance imposed on the borrower by or through the servicer shall be bona fide and reasonable.
A prior section 2605, Pub. L. 93–533, § 6 , Dec. 22, 1974 , 88 Stat. 1726 , related to advanced itemized disclosure of settlement costs by the lender and liability of the lender for failure to comply, prior to repeal by Pub. L. 94–205, § 5 , Jan. 2, 1976 , 89 Stat. 1158 .
2010—Subsec. (e)(1)(A). Pub. L. 111–203, § 1463(c)(1) , substituted “5 days” for “20 days”.
Subsec. (e)(2). Pub. L. 111–203, § 1463(c)(2) , substituted “30 days” for “60 days” in introductory provisions.
Subsec. (e)(4). Pub. L. 111–203, § 1463(c)(3) , added par. (4).
Subsec. (f)(1)(B), (2)(B). Pub. L. 111–203, § 1463(b)(1) , substituted “$2,000” for “$1,000”.
Subsec. (f)(2)(B)(i). Pub. L. 111–203, § 1463(b)(2) , substituted “$1,000,000” for “$500,000”.
Subsec. (g). Pub. L. 111–203, § 1463(d) , inserted at end “Any balance in any such account that is within the servicer’ s control at the time the loan is paid off shall be promptly returned to the borrower within 20 business days or credited to a similar account for a new mortgage loan to the borrower with the same lender.”
Subsec. (j)(3). Pub. L. 111–203, § 1098(4) , substituted “Bureau” for “Secretary” and struck out “, by regulations that shall take effect not later than April 20, 1991 ,” before “establish”.
Subsecs. (k) to (m). Pub. L. 111–203, § 1463(a) , added subsecs. (k) to (m).
1996—Subsec. (a). Pub. L. 104–208 amended heading and text of subsec. (a) generally. Prior to amendment, text consisted of pars. (1) to (3) relating to requirements for lenders of federally related mortgage loans to disclose to applicants whether servicing of such loan may be assigned, sold, or transferred, directed Secretary to develop model disclosure statement, and required signature of applicant on all such disclosure statements.
1994—Subsec. (a)(1)(B). Pub. L. 103–325 substituted “(B) at the choice of the person making a federally related mortgage loan—
“(i) for each of the most recent”
for “(B) for each of the most recent”, redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, and realigned margins, substituted “or” for “and” at end of subcl. (II), and added cl. (ii).
1991—Subsec. (j). Pub. L. 102–27 added subsec. (j).
Amendment by section 1098(4) of Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203 , set out as a note under section 552a of Title 5 , Government Organization and Employees.
Amendment by section 1463 of Pub. L. 111–203 effective on the date on which final regulations implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203 , set out as a note under section 1601 of Title 15 , Commerce and Trade.
- Business Partners
- Homeowners & Renters
- Research & Insights
- Originating & Underwriting
- Pricing & Execution
- Learning Center
- Apps & Technology
- News & Events
Have servicing questions ask poli.
Fannie Mae customers! Get answers to your Servicing Guide & policy questions with Fannie Mae's AI-powered search tool.
Launch Ask Poli for Servicers
- Doing Business with Fannie Mae
- / THE SERVICING GUIDE
- / Part E, Default-Related Legal Services, Bankruptcy, Foreclos
- / Chapter E-1, Referring Default-Related Legal Matters
- / Section E-1.1, Referring a Mortgage Loan to a Law Firm
- / E-1.1-02, Required Referral Documents
E-1.1-02: Required Referral Documents (11/12/2014)
This topic contains the following:
- Additional Required Bankruptcy Referral Documents
- Additional Required Foreclosure Referral Documents
- Additional Documents Required for Proceedings Involving a Manufactured Home
The servicer must provide all appropriate documentation and mortgage loan status data for each mortgage loan it refers to a law firm for any default-related legal services.
After referral, the servicer must keep the law firm informed about any change in the status of the mortgage loan.
At the time of any referral to a law firm, the servicer must provide the law firm with
a true, correct, and complete copy of the note, including any allonge, produced from the original held by the document custodian;
the original note, including any allonge; or
a lost note affidavit.
Providing a copy of or the original note will depend on whether the applicable law of the jurisdiction requires the original note or merely a copy. Lost note affidavits must only be used after a thorough and diligent search has been made for the original note. Fannie Mae does not reimburse the servicer for the cost to obtain original notes or lost note affidavits.
The servicer must institute a process to request the necessary documents from the document custodian no later than the 95th day of delinquency in order to ensure that these documents are available at the time of referral.
If the servicer fails to provide the appropriate documentation and information as part of the referral package, or does not respond within three business days to requests from the law firm for additional information or documents, Fannie Mae reserves the right to pursue any of its available remedies, which may include, but are not limited to, the following:
Additional Required Bankruptcy Referral Documents
The following table lists the documentation required specifically for bankruptcy referral packages.
The servicer must check its records for the mortgage loan carefully to determine whether the borrower has filed for bankruptcy previously. If the records reflect other bankruptcy filings, the servicer must mark the referral package it sends to the bankruptcy attorney as “repeat filer” or “possible bankruptcy abuse” and ask the attorney to confirm whether the borrower’s filing is considered “abusive.” See also E-2.3-01, Identifying Abusive Filers for additional information.
Additional Required Foreclosure Referral Documents
When an assignment of mortgage to the party in whose name the foreclosure will be conducted is required (and in all cases as to which MERS is the mortgagee of record), the servicer must adhere to the requirements shown in the following table.
The following table provides additional requirements for the assignment of mortgages.
Additional Documents Required for Proceedings Involving a Manufactured Home
If the referral is for a mortgage loan secured by a manufactured home, the servicer must also provide the law firm with
information that the property type is manufactured housing;
copies (or originals, if originals will be needed) of all collateral documents or other documents that may facilitate the legal process; and
a copy of the property inspection report, property status report, or other documentation that identifies the status of the property as manufactured housing.
Recent Related Announcements
There are no recently issued Announcements related to this topic.
Have You Tried Ask Poli?
Poli knows. just ask..
Ask Poli features exclusive Q&As and more—plus official Selling & Servicing Guide content.
Try Ask Poli
Customers Recommend Ask Poli
If you have additional questions, Fannie Mae customers can visit Ask Poli to get information from other Fannie Mae published sources.
For a comprehensive list of resources such as access forms, announcements, lender letters, notices and more.
Visit Selling and Servicing Guide Communications and Forms
Working with Fannie Mae
- Customer Login
- Password Reset
- Not a customer? Get Started
Products & Solutions
- Mortgage Products & Options
- Technology Apps & Solutions
Support & Resources
- Customer Service
- Guide Forms
- The Marketing Center
- Know Your Options
- Duty to Serve
- Kreyòl Ayisyen
§ 1024.2 Definitions.
- View all versions of this regulation
- Search this regulation
(a) Statutory terms. All terms defined in RESPA (12 U.S.C. 2602) are used in accordance with their statutory meaning unless otherwise defined in paragraph (b) of this section or elsewhere in this part.
(b) Other terms. As used in this part:
Application means the submission of a borrower's financial information in anticipation of a credit decision relating to a federally related mortgage loan, which shall include the borrower's name, the borrower's monthly income, the borrower's social security number to obtain a credit report, the property address, an estimate of the value of the property, the mortgage loan amount sought, and any other information deemed necessary by the loan originator. An application may either be in writing or electronically submitted, including a written record of an oral application.
Balloon payment has the same meaning as “balloon payment” under Regulation Z (12 CFR part 1026).
Bureau means the Bureau of Consumer Financial Protection.
Business day means a day on which the offices of the business entity are open to the public for carrying on substantially all of the entity's business functions.
Changed circumstances means:
(i) Acts of God, war, disaster, or other emergency;
(ii) Information particular to the borrower or transaction that was relied on in providing the GFE and that changes or is found to be inaccurate after the GFE has been provided. This may include information about the credit quality of the borrower, the amount of the loan, the estimated value of the property, or any other information that was used in providing the GFE;
(iii) New information particular to the borrower or transaction that was not relied on in providing the GFE; or
(iv) Other circumstances that are particular to the borrower or transaction, including boundary disputes, the need for flood insurance, or environmental problems.
(2) Changed circumstances do not include:
(i) The borrower's name, the borrower's monthly income, the property address, an estimate of the value of the property, the mortgage loan amount sought, and any information contained in any credit report obtained by the loan originator prior to providing the GFE, unless the information changes or is found to be inaccurate after the GFE has been provided; or
(ii) Market price fluctuations by themselves.
Dealer means, in the case of property improvement loans, a seller, contractor, or supplier of goods or services. In the case of manufactured home loans, “dealer” means one who engages in the business of manufactured home retail sales.
Dealer loan or dealer consumer credit contract means, generally, any arrangement in which a dealer assists the borrower in obtaining a federally related mortgage loan from the funding lender and then assigns the dealer's legal interests to the funding lender and receives the net proceeds of the loan. The funding lender is the lender for the purposes of the disclosure requirements of this part. If a dealer is a “creditor” as defined under the definition of “federally related mortgage loan” in this part, the dealer is the lender for purposes of this part.
Effective date of transfer is defined in section 6(i) (1) of RESPA (12 U.S.C. 2605
(i) (1) . In the case of a home equity conversion mortgage or reverse mortgage as referenced in this section, the effective date of transfer is the transfer date agreed upon by the transferee servicer and the transferor servicer.
Federally related mortgage loan means:
(1) Any loan (other than temporary financing, such as a construction loan):
(i) That is secured by a first or subordinate lien on residential real property, including a refinancing of any secured loan on residential real property, upon which there is either:
(A) Located or, following settlement, will be constructed using proceeds of the loan, a structure or structures designed principally for occupancy of from one to four families (including individual units of condominiums and cooperatives and including any related interests, such as a share in the cooperative or right to occupancy of the unit); or
(B) Located or, following settlement, will be placed using proceeds of the loan, a manufactured home; and
(ii) For which one of the following paragraphs applies. The loan:
(A) Is made in whole or in part by any lender that is either regulated by or whose deposits or accounts are insured by any agency of the Federal Government;
(B) Is made in whole or in part, or is insured, guaranteed, supplemented, or assisted in any way:
(1) By the Secretary of the Department of Housing and Urban Development (HUD) or any other officer or agency of the Federal Government; or
(2) Under or in connection with a housing or urban development program administered by the Secretary of HUD or a housing or related program administered by any other officer or agency of the Federal Government;
(C) Is intended to be sold by the originating lender to the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation (or its successors), or a financial institution from which the loan is to be purchased by the Federal Home Loan Mortgage Corporation (or its successors);
(D) Is made in whole or in part by a “creditor,” as defined in section 103(g) of the Consumer Credit Protection Act (15 U.S.C. 1602(g)), that makes or invests in residential real estate loans aggregating more than $1,000,000 per year. For purposes of this definition, the term “creditor” does not include any agency or instrumentality of any State, and the term “residential real estate loan” means any loan secured by residential real property, including single-family and multifamily residential property;
(E) Is originated either by a dealer or, if the obligation is to be assigned to any maker of mortgage loans specified in paragraphs (1)(ii)(A) through (D) of this definition, by a mortgage broker; or
(F) Is the subject of a home equity conversion mortgage, also frequently called a “reverse mortgage,” issued by any maker of mortgage loans specified in paragraphs (1)(ii)(A) through (D) of this definition.
(2) Any installment sales contract, land contract, or contract for deed on otherwise qualifying residential property is a federally related mortgage loan if the contract is funded in whole or in part by proceeds of a loan made by any maker of mortgage loans specified in paragraphs (1)(ii) (A) through (D) of this definition.
(3) If the residential real property securing a mortgage loan is not located in a State, the loan is not a federally related mortgage loan.
Good faith estimate or GFE means an estimate of settlement charges a borrower is likely to incur, as a dollar amount, and related loan information, based upon common practice and experience in the locality of the mortgaged property, as provided on the form prescribed in § 1024.7 and prepared in accordance with the Instructions in appendix C to this part.
HUD means the Department of Housing and Urban Development.
HUD-1 or HUD-1A settlement statement (also HUD-1 or HUD-1A ) means the statement that is prescribed in this part for setting forth settlement charges in connection with either the purchase or the refinancing (or other subordinate lien transaction) of 1- to 4-family residential property.
Lender means, generally, the secured creditor or creditors named in the debt obligation and document creating the lien. For loans originated by a mortgage broker that closes a federally related mortgage loan in its own name in a table funding transaction, the lender is the person to whom the obligation is initially assigned at or after settlement. A lender, in connection with dealer loans, is the lender to whom the loan is assigned, unless the dealer meets the definition of creditor as defined under “federally related mortgage loan” in this section. See also § 1024.5(b)(7), secondary market transactions.
Loan originator means a lender or mortgage broker.
Manufactured home is defined in HUD regulation 24 CFR 3280.2.
Mortgage broker means a person (other than an employee of a lender) that renders origination services and serves as an intermediary between a borrower and a lender in a transaction involving a federally related mortgage loan, including such a person that closes the loan in its own name in a table-funded transaction.
Mortgaged property means the real property that is security for the federally related mortgage loan.
Origination service means any service involved in the creation of a federally related mortgage loan, including but not limited to the taking of the loan application, loan processing, the underwriting and funding of the loan, and the processing and administrative services required to perform these functions.
Person is defined in section 3(5) of RESPA (12 U.S.C. 2602(5)).
Prepayment penalty has the same meaning as “prepayment penalty” under Regulation Z (12 CFR part 1026).
Public Guidance Documents means Federal Register documents adopted or published, that the Bureau may amend from time-to-time by publication in the Federal Register. These documents are also available from the Bureau. Requests for copies of Public Guidance Documents should be directed to the Associate Director, Research, Markets, and Regulations, Bureau of Consumer Financial Protection, 1700 G Street NW., Washington, DC 20552.
Refinancing means a transaction in which an existing obligation that was subject to a secured lien on residential real property is satisfied and replaced by a new obligation undertaken by the same borrower and with the same or a new lender. The following shall not be treated as a refinancing, even when the existing obligation is satisfied and replaced by a new obligation with the same lender (this definition of “refinancing” as to transactions with the same lender is similar to Regulation Z, 12 CFR 1026.20(a)):
(1) A renewal of a single payment obligation with no change in the original terms;
(2) A reduction in the annual percentage rate as computed under the Truth in Lending Act with a corresponding change in the payment schedule;
(3) An agreement involving a court proceeding;
(4) A workout agreement, in which a change in the payment schedule or change in collateral requirements is agreed to as a result of the consumer's default or delinquency, unless the rate is increased or the new amount financed exceeds the unpaid balance plus earned finance charges and premiums for continuation of allowable insurance; and
(5) The renewal of optional insurance purchased by the consumer that is added to an existing transaction, if disclosures relating to the initial purchase were provided.
Regulation Z means the regulations issued by the Bureau (12 CFR part 1026) to implement the Federal Truth in Lending Act (15 U.S.C. 1601 et seq. ), and includes the Commentary on Regulation Z.
Required use means a situation in which a person must use a particular provider of a settlement service in order to have access to some distinct service or property, and the person will pay for the settlement service of the particular provider or will pay a charge attributable, in whole or in part, to the settlement service. However, the offering of a package (or combination of settlement services) or the offering of discounts or rebates to consumers for the purchase of multiple settlement services does not constitute a required use. Any package or discount must be optional to the purchaser. The discount must be a true discount below the prices that are otherwise generally available, and must not be made up by higher costs elsewhere in the settlement process.
RESPA means the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq. ).
Servicer means a person responsible for the servicing of a federally related mortgage loan (including the person who makes or holds such loan if such person also services the loan). The term does not include:
(1) The Federal Deposit Insurance Corporation (FDIC), in connection with assets acquired, assigned, sold, or transferred pursuant to section 13(c) of the Federal Deposit Insurance Act or as receiver or conservator of an insured depository institution;
(2) The National Credit Union Administration (NCUA), in connection with assets acquired, assigned, sold, or transferred pursuant to section 208 of the Federal Credit Union Act or as conservator or liquidating agent of an insured credit union; and
(3) The Federal National Mortgage Corporation (FNMA); the Federal Home Loan Mortgage Corporation (Freddie Mac); the FDIC; HUD, including the Government National Mortgage Association (GNMA) and the Federal Housing Administration (FHA) (including cases in which a mortgage insured under the National Housing Act (12 U.S.C. 1701 et seq. ) is assigned to HUD); the NCUA; the Farm Service Agency; and the Department of Veterans Affairs (VA), in any case in which the assignment, sale, or transfer of the servicing of the federally related mortgage loan is preceded by termination of the contract for servicing the loan for cause, commencement of proceedings for bankruptcy of the servicer, commencement of proceedings by the FDIC for conservatorship or receivership of the servicer (or an entity by which the servicer is owned or controlled), or commencement of proceedings by the NCUA for appointment of a conservator or liquidating agent of the servicer (or an entity by which the servicer is owned or controlled).
Servicing means receiving any scheduled periodic payments from a borrower pursuant to the terms of any federally related mortgage loan, including amounts for escrow accounts under section 10 of RESPA (12 U.S.C. 2609), and making the payments to the owner of the loan or other third parties of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the mortgage servicing loan documents or servicing contract. In the case of a home equity conversion mortgage or reverse mortgage as referenced in this section, servicing includes making payments to the borrower.
Settlement means the process of executing legally binding documents regarding a lien on property that is subject to a federally related mortgage loan. This process may also be called “closing” or “escrow” in different jurisdictions.
Settlement service means any service provided in connection with a prospective or actual settlement, including, but not limited to, any one or more of the following:
(1) Origination of a federally related mortgage loan (including, but not limited to, the taking of loan applications, loan processing, and the underwriting and funding of such loans);
(2) Rendering of services by a mortgage broker (including counseling, taking of applications, obtaining verifications and appraisals, and other loan processing and origination services, and communicating with the borrower and lender);
(3) Provision of any services related to the origination, processing or funding of a federally related mortgage loan;
(4) Provision of title services, including title searches, title examinations, abstract preparation, insurability determinations, and the issuance of title commitments and title insurance policies;
(5) Rendering of services by an attorney;
(6) Preparation of documents, including notarization, delivery, and recordation;
(7) Rendering of credit reports and appraisals;
(8) Rendering of inspections, including inspections required by applicable law or any inspections required by the sales contract or mortgage documents prior to transfer of title;
(9) Conducting of settlement by a settlement agent and any related services;
(10) Provision of services involving mortgage insurance;
(11) Provision of services involving hazard, flood, or other casualty insurance or homeowner's warranties;
(12) Provision of services involving mortgage life, disability, or similar insurance designed to pay a mortgage loan upon disability or death of a borrower, but only if such insurance is required by the lender as a condition of the loan;
(13) Provision of services involving real property taxes or any other assessments or charges on the real property;
(14) Rendering of services by a real estate agent or real estate broker; and
(15) Provision of any other services for which a settlement service provider requires a borrower or seller to pay.
Special information booklet means the booklet adopted pursuant to section 5 of RESPA (12 U.S.C. 2604) to help persons understand the nature and costs of settlement services. The Bureau publishes the form of the special information booklet in the Federal Register or by other public notice. The Bureau may issue or approve additional booklets or alternative booklets by publication of a Notice in the Federal Register.
State means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
Table funding means a settlement at which a loan is funded by a contemporaneous advance of loan funds and an assignment of the loan to the person advancing the funds. A table-funded transaction is not a secondary market transaction (see § 1024.5(b)(7)).
Third party means a settlement service provider other than a loan originator.
Title company means any institution, or its duly authorized agent, that is qualified to issue title insurance.
Title service means any service involved in the provision of title insurance (lender's or owner's policy), including but not limited to: Title examination and evaluation; preparation and issuance of title commitment; clearance of underwriting objections; preparation and issuance of a title insurance policy or policies; and the processing and administrative services required to perform these functions. The term also includes the service of conducting a settlement.
Tolerance means the maximum amount by which the charge for a category or categories of settlement costs may exceed the amount of the estimate for such category or categories on a GFE.