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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 describe exactly what went wrong. Keep making required mortgage payments while the servicer investigates; a dispute does not pause your payment obligation.
How do I dispute an error or request information about my mortgage?
For a U.S. mortgage, Regulation X gives borrowers a process to notify a servicer of certain servicing errors and to request information about an account. Use a written notice of error for a problem you want investigated. If you also need records or an explanation, you can include a request for information in the same letter, provided it meets the requirements for both. The Consumer Financial Protection Bureau (CFPB) provides guidance and sample letters.
- Find the correct address. Check your mortgage statement, coupon book, a notice from the servicer, or the servicer’s website for the special address for notices of error or information requests. Use that address if one is designated. Do not write your dispute on a payment coupon or other payment form.
- Write a specific notice. Identify the loan, describe the suspected error and the outcome you believe is correct, and say what correction or information you are requesting.
- Attach copies, not originals. Include relevant records that help explain the issue, such as a payment confirmation or escrow statement.
- Keep a complete copy and delivery evidence. Save the letter, attachments, and proof of delivery or submission.
A notice of error and a request for information serve different purposes. The first asks the servicer to investigate a stated servicing error; the second asks for information about the account or servicing. The CFPB’s request-for-information guidance explains that process.
What kinds of problems count as servicing errors?
Regulation X covers specified errors in mortgage servicing, including mistakes involving payments, escrow, fees, servicing transfers, and some foreclosure procedures. It does not turn every disagreement about a mortgage into a servicing error.
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- Payment handling: failing to accept a payment that follows the servicer’s written requirements; failing to apply an accepted payment to principal, interest, escrow, or other charges as required; or certain failures to credit a payment as of its receipt.
- Escrow handling: failing to make a required tax, insurance, or other escrow disbursement on time; or making an error in refunding escrow funds.
- Fees: charging a fee without a reasonable basis.
- Other covered servicing issues: certain errors in transferring servicing information or handling foreclosure notices and procedures.
Loan origination or underwriting disputes, and a decision to sell or transfer servicing by itself, are not covered errors under this notice process. But an error in transferring your servicing information may be covered. The specific categories appear in the CFPB’s current electronic text of Regulation X § 1024.35.
What should I include in the letter?
Make it easy for the servicer to identify both the account and the precise issue. A letter can be brief, but it should state facts rather than only saying that the account is wrong.
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- Your name as it appears on the mortgage and your current mailing address.
- Your mortgage account number, or other information sufficient to identify the loan.
- A dated description of the specific error. For a payment dispute, include the payment date and amount, how you sent it, what the servicer did, and what you believe should have happened. For escrow, name the disputed disbursement, calculation, refund, or change.
- The correction you want. If you need information as well, request specific records—for example, a payment history, transaction ledger, escrow analysis, disbursement record, or explanation of a fee.
- Copies of relevant supporting records, such as bank statements, payment confirmations, canceled checks, escrow statements, tax notices, insurance invoices, or earlier correspondence.
- A request for written confirmation and, if the servicer finds no error, an explanation of its decision and how to obtain the documents it relied on.
You do not have to provide supporting documents as a condition of the servicer investigating. However, a clear timeline and relevant records can help make the disputed transaction identifiable. A servicer may not follow the full response process for certain duplicative or overbroad notices; an overbroad notice is one that does not let the servicer reasonably identify the specific error being asserted. See § 1024.35 for the rule’s details.
What deadlines apply after the servicer receives it?
The deadlines below are under the CFPB’s current electronic version of Regulation X § 1024.35, which reports its most recent amendment as April 19, 2023. Saturdays, Sundays, and legal public holidays are excluded where the rule specifies. Different timing applies to some error types.
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| Notice or response | General rule |
|---|---|
| Acknowledgment of a notice of error | Generally within 5 days after receipt, excluding Saturdays, Sundays, and legal public holidays. |
| Response to most servicing-error notices | Generally within 30 days, excluding Saturdays, Sundays, and legal public holidays. In an eligible case, the servicer may extend the period by 15 days if it gives written notice of the extension and its reasons before the initial period expires. |
| Certain 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 a sale is subject to a different good-faith-attempt rule. |
These periods are not a guarantee that every dispute will be resolved on the same timetable: the kind of error and when the notice arrives matter. See the current Regulation X text for the exceptions and precise counting rules.
How will the servicer respond?
The servicer may correct the error and tell you what it changed and when the correction takes effect. If it concludes there was no error, it must explain its reasons in writing and explain how you can request the documents it relied on. If you request those relied-upon documents, they are generally due at no charge within 15 days, excluding Saturdays, Sundays, and legal public holidays. The servicer can ask you for supporting material, but cannot make its investigation conditional on you providing it. These response requirements are set out in § 1024.35.
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Should I keep making mortgage payments during the dispute?
Yes. Continue making payments required by your loan terms on schedule while the servicer investigates. Filing a notice of error does not suspend your payment obligation. The servicer may not charge a fee or require a payment as a condition of responding to your notice, but that does not cancel payments otherwise due. The CFPB states: “While you’re waiting for a response, you should continue making your mortgage payments as scheduled.” See its consumer guidance and § 1024.35(h).
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 protection is limited to that disputed payment; it is not a general freeze on credit reporting, collection, or your obligation to pay other amounts due. The rule is in § 1024.35.
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What should I check if the dispute involves escrow?
An escrow payment increase or shortage is not, on its own, proof of a servicing error. Compare the servicer’s calculation with the account records and the underlying bills. Request the annual escrow analysis, transaction history or ledger, disbursement records, and the tax or insurance bills used in the calculation. The relevant rules for escrow accounts are in Regulation X § 1024.17; whether a specific analysis or charge is valid depends on the loan documents and account facts.
Regulation X requires timely escrow disbursements in the circumstances specified by the rule. If 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 § 1024.34 for the applicable requirements and exceptions.
What if the response does not fix the problem?
If the servicer’s answer does not resolve the issue, submit a complaint to the CFPB online or call the number listed on the CFPB’s complaint page. You can also seek help from a HUD-approved housing counselor. If foreclosure is imminent, a sale is scheduled, or you have been served legal papers, treat the matter as urgent and consult a qualified attorney; a notice of error does not replace a response to court papers or other legal deadlines.
This is general U.S. federal consumer guidance, not individualized legal advice. State law, loan type, court deadlines, servicer instructions, and the records for your account can affect what steps are available or appropriate.
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