Get information from your servicer (request for information)
12 C.F.R. § 1024.36(a)
In plain words
You can ask your servicer in writing for information about your loan — for example your payment history, who owns your loan, or how your escrow was figured. The servicer must confirm it got your request within 5 business days and answer within 30 business days. If you ask who owns your loan, it must tell you within 10 business days.
Who is protected
Any borrower with a federally related mortgage loan (not a HELOC).
When it applies
- Covers most first and second mortgages on a home. It does not cover home-equity lines of credit (HELOCs).
What you can do
Send a request for information
List exactly what you want (for example: full payment history, fee breakdown, name and address of the loan owner). Send it by certified mail to the servicer's designated address and keep proof.
Deadline: Servicer answers: 10 business days for the loan owner's identity; 30 business days for other information (it may extend 15 more days).
Open the tool
Honest limits
- The servicer does not have to answer requests that are duplicates, overbroad, unduly burdensome, about confidential or privileged information, or not related to your loan account.
- A request for information does not stop a foreclosure.
- This is general legal information, not legal advice, and it does not promise any result. A HUD-approved housing counselor or a lawyer can look at your facts.
The law
- Federal regulationRESPA / Regulation X — request for information
12 C.F.R. § 1024.36(a)
Exact part: (a)
What it says: A servicer must follow these rules for any written request that names the borrower, identifies the loan and says what information is wanted.
Read the official texthttps://www.ecfr.gov/current/title-12/part-1024/section-1024.36#p-1024.36(a) - Federal regulationRegulation X — response and time limits
12 C.F.R. § 1024.36(d)
Exact part: (d)
What it says: The servicer must provide the information, or say after a reasonable search that it is not available, within 10 business days (owner of the loan) or 30 business days (everything else).
Read the official texthttps://www.ecfr.gov/current/title-12/part-1024/section-1024.36#p-1024.36(d) - Federal lawRESPA — identity of the loan owner
12 U.S.C. § 2605(k)(1)(D)
Exact part: (k)(1)(D)
What it says: A servicer may not fail to respond within 10 business days to a request for the identity and contact information of the loan's owner.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2605&num=0&edition=prelim
Court cases
- Homeowner lostCited for this rightMedrano v. Flagstar Bank, FSB
Medrano v. Flagstar Bank, FSB, 704 F.3d 661 (9th Cir. 2012)
a RESPA written request must relate to the servicing of the loan, not to the validity or original terms of the loan
- Homeowner wonCited for this rightMarais v. Chase Home Finance LLC
Marais v. Chase Home Fin. LLC, 736 F.3d 711 (6th Cir. 2013)
a borrower who alleges actual damages, such as added interest, caused by a servicer's deficient response to a qualified written request states a RESPA claim
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Homeowner lostSame topicLage v. Ocwen Loan Servicing LLC
Lage v. Ocwen Loan Servicing LLC, 839 F.3d 1003 (11th Cir. 2016)
a servicer's duty to evaluate a loss-mitigation application depends on its being submitted more than 37 days before the sale date scheduled at that time
- Homeowner lostSame topicGresham v. Wells Fargo Bank, N.A.
Gresham v. Wells Fargo Bank, N.A., 642 F. App'x 355 (5th Cir. 2016) (per curiam) (unpublished)
the federal dual-tracking bar applies only when the servicer receives a complete loss-mitigation application more than 37 days before the foreclosure sale
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
Related rights
Make your servicer fix mistakes (notice of error)
12 C.F.R. § 1024.35(a)
If your mortgage servicer made a mistake — like not crediting a payment, charging a wrong fee, or giving a wrong payoff amount — you can send a written "notice of error." The servicer must confirm it got your letter within 5 business days. It then has to fix the error or explain in writing, after a reasonable investigation, why it thinks there was no error, usually within 30 business days.
Read this rightNotice when a new company becomes owner of your loan
15 U.S.C. § 1641(g)
When your mortgage loan is sold or assigned to a new owner, the new owner must tell you in writing within 30 days. The notice must include who the new owner is, how to reach it, the date of transfer, and where the transfer is recorded.
Read this rightRights when you inherit or receive a home with a mortgage
12 C.F.R. § 1024.36(i)
If you got an ownership interest in a home from a family member — for example after a death or divorce — you can ask the servicer to confirm you as a "successor in interest." The servicer must tell you in writing what documents it needs. Once confirmed, you are treated as a borrower for servicing rules, so you can get information and apply for help.
Read this rightNo discrimination in housing or home loans (Fair Housing Act)
42 U.S.C. § 3604(a)–(b)
It is illegal to discriminate in selling, renting, or financing a home because of race, color, religion, sex, disability, familial status (having children), or national origin. This covers mortgage lenders and servicers too — for example, in who gets offered a loan modification and on what terms. You can file a complaint with HUD within 1 year or go to court within 2 years.
Read this rightThe right to cancel some home-secured loans (rescission)
15 U.S.C. § 1635(a)
For some loans that put a lien on the home you live in — like many home-equity loans or refinances with a new lender — you can cancel within 3 business days after closing. If the lender did not give you the required notices and disclosures, that time can stretch up to 3 years. You cancel by sending the lender written notice.
Read this rightFHA loans: a meeting before foreclosure
24 C.F.R. § 203.604(a)(1)
If you have an FHA-insured mortgage, your lender must meet with you — or make a reasonable effort to arrange a meeting — before three full monthly payments are unpaid and at least 30 days before starting foreclosure. A reasonable effort means at least two verifiable attempts to contact you. HUD now decides how the meeting may be held.
Read this right