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Federal lawVerified Sep 23, 2026Dealing with your mortgage servicer

Notice when your loan moves to a new servicer

12 U.S.C. § 2605(b)–(d)

In plain words

When the company that collects your payments changes, both the old and new servicer must tell you in writing. The old one must usually tell you at least 15 days before the switch; the new one within 15 days after. For 60 days after the switch, a payment you send on time to the old servicer cannot be treated as late.

Who is protected

Borrowers with a federally related mortgage loan whose servicing is transferred.

When it applies

It has no special conditions: it protects everyone it names.

Check whether it applies to you

What you can do

  • Keep the transfer notices and your payment proof

    Save both letters and proof of every payment around the switch. If the new servicer charges a late fee or reports you late for a payment you sent on time to the old one, send a notice of error.

    Deadline: The 60-day protection starts on the transfer's effective date.

    Open the tool

Honest limits

  • Some transfers between related companies need no notice if your payee, payment address, account number and payment amount stay the same.
  • A change of servicer is not the same as a change of the loan's owner; that notice comes under TILA.
  • 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

  1. Federal lawRESPA — servicing transfer notices and 60-day grace

    12 U.S.C. § 2605(b)–(d)

    Exact part: (b)–(d)

    What it says: Old and new servicers must notify the borrower of a transfer, and on-time payments sent to the old servicer in the first 60 days may not be treated as late.

    Read the official text
  2. Federal regulationRegulation X — notices of transfer

    12 C.F.R. § 1024.33(b)

    Exact part: (b)

    What it says: Each transferor and transferee servicer must give the borrower a notice of transfer, with set timing and content.

    Read the official text
  3. Federal regulationRegulation X — payments during transfer

    12 C.F.R. § 1024.33(c)

    Exact part: (c)

    What it says: During the 60 days after the transfer, an on-time payment to the old servicer may not be treated as late for any purpose.

    Read the official text

Court cases

  • Homeowner wonSame topic
    Renfroe v. Nationstar Mortgage, LLC

    Renfroe v. Nationstar Mortg., LLC, 822 F.3d 1241 (11th Cir. 2016)

    a servicer that answers a borrower's written request without a reasonable investigation may be liable under RESPA when the borrower alleges resulting damages

  • Homeowner wonSame topic
    Jesinoski v. Countrywide Home Loans, Inc.

    Jesinoski v. Countrywide Home Loans, Inc., 574 U.S. 259 (2015)

    a borrower exercises the Truth in Lending right to rescind by notifying the lender in writing within three years, without needing to sue within that period

  • Homeowner wonSame topic
    Marais 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 topic
    Lage 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 topic
    Gresham 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 topic
    Whittier 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

Related rights

Federal lawVerified Sep 23, 2026

Notice 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 right
Federal regulationVerified Sep 23, 2026

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.

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Federal lawVerified Sep 23, 2026

No 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.

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Federal lawVerified Sep 23, 2026

Dispute errors on your credit report

15 U.S.C. § 1681i(a)(1)(A)

If your credit report has something wrong or incomplete — like a payment reported late that you made on time — you can dispute it with the credit bureau for free. The bureau must investigate, usually within 30 days, and fix or delete information it cannot verify.

Read this right
Federal lawVerified Sep 23, 2026

Make the company that reported the error investigate it

15 U.S.C. § 1681s-2(b)(1)

The company that reported the information — such as your servicer — must investigate when a credit bureau passes along your dispute, and fix what is wrong with every bureau. In many cases you can also dispute directly with that company, which must then investigate and report back to you.

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Federal lawVerified Sep 23, 2026

Cancel private mortgage insurance (PMI) when you have enough equity

12 U.S.C. § 4902(a)

If you pay private mortgage insurance on a loan for your main home, you can ask in writing to cancel it once your balance reaches 80% of the home's original value, if you have a good payment history and are current. It must end automatically when your balance is scheduled to reach 78%, if you are current.

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