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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. Include enough information to identify your loan and explain the specific mistake. You can also request records in the same letter. Keep making scheduled mortgage payments while the servicer investigates.
How do I dispute an error or request information about my mortgage?
For most servicing problems, write to your mortgage servicer rather than putting the dispute on a payment coupon or other payment form. Federal Regulation X gives borrowers a process for submitting a written notice of error and, separately, a request for information. One letter can do both if it clearly meets the requirements for each.
- Find the right address. Check your mortgage statement, coupon book, a notice from the servicer, or its website for a designated address for notices of error or information requests. Use that address if one is provided; ordinary payment addresses may not be the correct destination.
- Identify the loan and the problem. Include your name, current mailing address, mortgage account number or other information sufficient to identify the account, and a concise description of the specific error.
- Ask for a correction and relevant records. State what you believe should have happened. If records would help explain the issue, name them, such as a payment history, escrow analysis, transaction ledger, disbursement record, or fee explanation.
- Attach copies, not originals. Useful evidence may include bank statements, payment confirmations, canceled checks, escrow statements, insurance invoices, tax notices, and prior correspondence.
- Keep a complete copy and delivery evidence. Save the letter, attachments, and proof of delivery or submission.
The CFPB provides sample letters for errors and information requests. A clear, narrowly stated notice is important: Regulation X allows different treatment of duplicative or overbroad notices, including one that does not let the servicer reasonably identify the specific alleged error. You are not required to provide requested supporting documents as a condition of an investigation, but relevant records can help make the issue easier to understand.
What to say in a payment dispute
Give the payment date and amount, how you submitted it, what the servicer did, and what you believe it should have done. For example, explain that a payment was accepted on a particular date but appears to have been applied to the wrong month or allocated incorrectly among principal, interest, escrow, or charges. Ask the servicer to correct the account and confirm the result in writing.
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What to say in an escrow or fee dispute
Describe the specific transaction or charge, when it occurred, and why you believe it is wrong. Ask for the records needed to trace it. For an escrow question, that may include the annual escrow analysis, account transaction history, tax or insurance bills, and proof of disbursements. For a fee, request an explanation of its basis and the account records supporting it.
Which problems count as mortgage servicing errors?
Regulation X covers many errors in how a servicer handles an existing mortgage account. Examples include:
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- Failing to accept a payment that conforms to the servicer’s written requirements.
- Failing to apply an accepted payment to principal, interest, escrow, or other charges as required.
- Certain failures to credit a payment as of the date it was received.
- Disbursing escrow funds late for taxes, insurance, or other property charges in a way covered by the rule.
- Making an escrow refund incorrectly or charging a fee without a reasonable basis.
- Specified errors involving servicing transfers or foreclosure procedures.
A dispute about a loan’s origination or underwriting, or the servicer’s decision to sell or transfer servicing, is not itself a covered servicing error under this procedure. However, an inaccurate transfer of your servicing information can be covered. The CFPB’s current electronic text of Regulation X § 1024.35 describes the covered error categories and process.
How long does the servicer have to respond?
Under the CFPB’s current electronic version of Regulation X § 1024.35, the general periods below exclude Saturdays, Sundays, and legal public holidays. The rule has special timing provisions, so the applicable deadline depends on the type of error and when the notice arrives.
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| Stage or error type | General deadline |
|---|---|
| Acknowledgment of a written notice of error | Generally within 5 days after receipt, excluding Saturdays, Sundays, and legal public holidays. |
| Response for most servicing errors | Generally within 30 days, excluding Saturdays, Sundays, and legal public holidays. In an eligible case, the servicer may extend by 15 days if it gives written notice of the extension and its reasons before the initial period expires. |
| Specified payoff-balance errors | Generally within 7 days, excluding Saturdays, Sundays, and legal public holidays. |
| Specified foreclosure notice, judgment, or sale errors | Before the foreclosure sale or within 30 days, whichever is earlier. A notice received 7 or fewer days before the sale is subject to a different good-faith-attempt rule. |
| Documents relied on when the servicer finds no error | If you request them, generally within 15 days, excluding Saturdays, Sundays, and legal public holidays, at no charge. |
These are federal rule deadlines, not estimates of how quickly a particular servicer will finish. The CFPB’s electronic regulation resource notes that it is not the official legal edition; consult the official legal text for legal research.
What response should I expect?
The servicer may correct the error and tell you what it changed and the date the correction took effect. If it concludes no error occurred, it must explain the reasons in writing and explain how to request the documents it relied on. If you ask for those documents, they are generally due without charge within the period shown above. A servicer may ask you for supporting material, but it cannot make its investigation conditional on your providing it.
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What should I do about escrow increases or missed disbursements?
An increase in your escrow payment does not, by itself, prove that the servicer made an error. A shortage or change may reflect projected taxes, insurance premiums, or other account facts. To check the calculation, compare the annual escrow analysis and transaction ledger with the actual tax bills, insurance invoices, and disbursement records. If a payment was late or funds were not returned correctly, describe that particular event in your notice.
Regulation X requires timely escrow disbursement by the applicable deadline to avoid a penalty under the regulation. When you pay 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. See the CFPB’s Regulation X § 1024.34 for escrow-account provisions. Whether a particular escrow analysis, tax amount, or insurance premium is valid depends on the account documents and facts.
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Do I still have to make my mortgage payments?
Yes. A notice of error does not suspend your payment obligations under the loan terms. The CFPB advises borrowers to continue making mortgage payments as scheduled while waiting for a response. The servicer cannot require a payment as a condition of responding to your notice; the CFPB’s Regulation X § 1024.35(h) states: “A servicer shall not charge a fee, or require a borrower to make any payment that may be owed on a borrower’s account, as a condition of responding to a notice of error.”
There is also a limited credit-reporting protection: after receiving a notice, the servicer generally may not furnish adverse information to a consumer reporting agency for 60 days about the payment that is the subject of the notice. This does not freeze credit reporting or collection activity generally, and it does not cancel scheduled payments.
What if the servicer does not fix the problem?
If the response does not resolve the issue, you can file a complaint with the CFPB online or by phone. The CFPB also directs borrowers to HUD-approved housing counselors. Use the CFPB’s complaint portal and housing counselor finder for current options and contact details.
If a foreclosure sale is imminent, you have been served legal papers, or a court deadline is approaching, treat that as urgent and contact a qualified attorney. A counselor may help you understand options, but may not replace legal advice. Federal procedures do not eliminate state-law rights, court deadlines, or requirements that may apply to your loan or circumstances.
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