Notice Of Error Guidance

When structuring a notice of error with a request for information:
- Start with your contact information and loan details.
- Clearly state "Notice of Error" as the heading.
- Describe the error in detail.
- Include a separate section titled "Request for Information."
- Specify the information you need clearly.
- End with a request for a response within a specific timeframe.
Do you need any more specific details or examples?

It sounds like you have a valid concern regarding the denial of your loss mitigation application. When drafting your Notice of Error (NOE) and Request for Information, you can follow this structure:
- Your Contact Information and Loan Details
- Heading: "Notice of Error"
- Description of Error:
- Clearly describe the error (e.g., denial of loss mitigation without specific reasons).
- Request for Information:
- Specify the information you are requesting (e.g., which home retention and non-retention options were considered, reasons for denial, the specific rules of the mortgage owner that were applied).
- Request for Response:
- State the timeframe within which you expect a response (e.g., 30 days).
Do you need help with the exact wording or any other specific part of the NOE?

Yes, you can request a shorter response timeframe in your Notice of Error due to the urgency of your foreclosure situation. Be sure to clearly explain the urgency and specify the shorter timeframe. While the servicer is not legally obligated to comply, they may respond more quickly given the circumstances.
Do you need assistance with exact wording for this request?

Sure! Here’s a suggested wording for your Notice of Error and Request for Information:
---
[Your Contact Information]
[Loan Details]
[Date]
Notice of Error
Dear [Servicer’s Name],
Description of Error:
I am writing to address an error concerning the denial of my loss mitigation application. The denial letter did not specify the home retention and non-retention options I was considered for, nor the reasons for the denial. My understanding is that loss mitigation options must be considered according to the mortgage owner’s rules, which were not referenced.
Request for Information:
*. Details of all home retention and non-retention options considered for my application.
*. Specific reasons for the denial of each option.
*. The mortgage owner’s rules and criteria applied in my case.
Request for Response:
Due to the urgency of my foreclosure being scheduled in less than 30 days, I kindly request a response within [suggest *-15 days] to allow adequate time for review and necessary actions to prevent foreclosure.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
---
Do you have any other questions or need further assistance?

In Massachusetts, if your loss mitigation application was submitted more than 37 days before the scheduled foreclosure, the servicer is generally required to suspend foreclosure proceedings while your application is being reviewed, according to the CFPB rules under RESPA.
Would you like information on how to escalate this issue if the servicer is not complying?

If the servicer is not complying with the requirement to suspend foreclosure proceedings, you can take the following steps:
- Contact the CFPB: File a complaint with the Consumer Financial Protection Bureau (CFPB) at www.consumerfinance.gov or by calling (*) *-*.
- Contact a Housing Counselor: They can help you understand your options and may assist in communicating with your servicer. You can find a HUD-approved housing counselor at www.hud.gov/counseling or by calling (*) *-*.
Would you like tips on escalating the issue with the servicer directly?

The specific RESPA rule you are referring to is the Regulation X, * CFR § *.*(g):
- * CFR § *.*(g): If a borrower submits a complete loss mitigation application more than 37 days before a scheduled foreclosure sale, the servicer cannot move for foreclosure judgment or order of sale, or conduct a foreclosure sale, unless:
*. The servicer informs the borrower that they are not eligible for any loss mitigation options.
*. The borrower rejects all loss mitigation options offered.
*. The borrower fails to perform under an agreement on a loss mitigation option.
Would you like additional assistance on how to proceed with this information?

It appears the servicer may not have fully complied with * CFR § *.*(g) due to lack of transparency regarding non-home retention options. You might consider including this specific issue in your Notice of Error.
Would you like assistance with drafting language to address this lack of transparency in your NOE?

Sure! Here's a suggested addition to your Notice of Error to address the lack of transparency:
---
[Your Contact Information]
[Loan Details]
[Date]
Notice of Error
Dear [Servicer’s Name],
Description of Error:
I am writing to address an error concerning the denial of my loss mitigation application. The denial letter did not specify the home retention and non-retention options I was considered for, nor the reasons for the denial. My understanding is that loss mitigation options must be considered according to the mortgage owner’s rules, which were not referenced.
Additionally, I was informed that non-home retention options may be available but was not provided with specific details. This lack of transparency does not meet the requirements of * CFR § *.*(g).
Request for Information:
*. Details of all home retention and non-retention options considered for my application.
*. Specific reasons for the denial of each option.
*. The mortgage owner’s rules and criteria applied in my case.
Request for Response:
Due to the urgency of my foreclosure being scheduled in less than 30 days, I kindly request a response within [suggest *-15 days] to allow adequate time for review and necessaryactions to prevent foreclosure.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
---
Do you need any more specific assistance or have other questions?

If you don't call the servicer to inquire about non-home retention options, the servicer might claim you rejected all loss mitigation options offered. To avoid this, it's best to make the call or include a statement in your NOE that you were not provided specific details about these options.
Would you like guidance on how to word this statement in your NOE?

Sure! Here's a suggested addition to your Notice of Error to address this concern:
---
[Your Contact Information]
[Loan Details]
[Date]
Notice of Error
Dear [Servicer’s Name],
Description of Error:
I am writing to address an error concerning the denial of my loss mitigation application. The denial letter did not specify the home retention and non-retention options I was considered for, nor the reasons for the denial. My understanding is that loss mitigation options must be considered according to the mortgage owner’s rules, which were not referenced.
Additionally, I was informed that non-home retention options may be available but was not provided with specific details. This lack of transparency does not meet the requirements of * CFR § *.*(g).
To date, I have not been provided with specific information regarding non-home retention options, nor have I rejected any such options.
Request for Information:
*. Details of all home retention and non-retention options considered for my application.
*. Specific reasons for the denial of each option.
*. The mortgage owner’s rules and criteria applied in my case.
Request for Response:
Due to the urgency of my foreclosure being scheduled in less than 30 days, I kindly request a response within [suggest *-15 days] to allow adequate time for review and necessary actions to prevent foreclosure.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
---
Do you have any other questions or need further assistance?

Here's a suggested addition to your Notice of Error to address the need for specific details about non-home retention options:
---
[Your Contact Information]
[Loan Details]
[Date]
Notice of Error
Dear [Servicer’s Name],
Description of Error:
I am writing to address an error concerning the denial of my loss mitigation application. The denial letter did not specify the home retention and non-retention options I was considered for, nor the reasons for the denial. My understanding is that loss mitigation options must be considered according to the mortgage owner’s rules, which were not referenced.
Additionally, I was informed that non-home retention options may be available but was not provided with specific details or guidance on how to inquire about them. This lack of transparency does not meet the requirements of * CFR § *.*(g).
Request for Information:
*. Details of all home retention and non-retention options considered for my application.
*. Specific reasons for the denial of each option.
*. The mortgage owner’s rules and criteria applied in my case.
Request for Response:
Due to the urgency of my foreclosure being scheduled in less than 30 days, I kindly request a response within [suggest 1015 days] to allow adequate time for review and necessary actions to prevent foreclosure.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
---
Do you need any more specific assistance or have other questions?

The specific RESPA rule requiring servicers to provide information about available loss mitigation options and the reasons for denial of the borrower's application is Regulation X, * CFR § *.*(d).
- * CFR § *.*(d): This regulation mandates that the servicer must provide a notice stating the specific reasons for the servicer’s determination for each loan modification option if the loss mitigation application is denied.
Would you like more details on this regulation or any other related assistance?

Given your situation, it might be beneficial to wait for the servicer's response to your current CFPB complaint before filing a new NOE/CFPB complaint. This helps avoid any confusion and shows you are giving them an opportunity to correct the issue. Would you like advice on what to do if you don’t receive a satisfactory response?

If you don't receive a satisfactory response to your current CFPB complaint regarding dual tracking, you can:
- File a New CFPB Complaint: Mention the lack of transparency, and the servicer's failure to comply with * CFR § *.*(d) and (g).
- Consult a Housing Counselor: They can provide personalized help and possibly intervene with the servicer.
- Consider Legal Action: If the servicer continues non-compliance, it might be necessary to seek legal advice.
Would you like assistance with drafting another CFPB complaint or finding a housing counselor?

Yes, you have a strong basis for filing another complaint with the CFPB regarding the servicer's lack of good faith efforts in responding to your NOEs and validating the debt. This could be seen as a violation of * CFR § *.*, which requires servicers to respond transparently and in good faith.
Would you like assistance with drafting this complaint?

Sure! Here’s a suggested draft for your CFPB complaint:
---
[Your Contact Information]
[Loan Details]
[Date]
To Whom It May Concern,
I am writing to file a complaint regarding the lack of good faith efforts by my mortgage servicer in addressing my applications and notices of error (NOEs). Below are the key points of my complaint:
*. Timing of Application: I submitted my loss mitigation application more than 37 days prior to the scheduled foreclosure date, clearly stating my intent to maintain protections under * CFR § *.*.
*. Failure to Respond to NOEs: The servicer has not fully or transparently responded to approximately * NOEs I have submitted. This lack of response is impacting my ability to resolve the issues and avoid foreclosure.
*. Debt Validation: The servicer has not validated the debt despite my repeated requests, which is required under the law.
*. Dual Tracking Violation: The servicer has scheduled a foreclosure while a short sale offer was still in consideration, which constitutes a dual tracking violation.
*. Lack of Transparency: The denial of my loss mitigation application did not specify the home retention and non-retention options considered, nor the reasons for the denial, as required by * CFR § *.*(d).
These actions demonstrate a lack of good faith efforts by the servicer to comply with the necessary regulations and provide the required information. I kindly request that the CFPB investigate these issues and ensure the servicer complies with all applicable laws and regulations.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
---
Would you like any adjustments or additional details in this draft?

The specific RESPA rule requiring good faith efforts by the servicer to avoid foreclosure is Regulation X, * CFR § *.*. This rule mandates that servicers must:
- Evaluate complete loss mitigation applications received more than 37 days before a scheduled foreclosure sale.
- Provide specific reasons for denial.
- Consider all available loss mitigation options.
Would you like help with anything else?

To simplify CFPB's review of the situation and the servicer's response:
- Organize Your Documents: Create a table of contents summarizing each document and its relevance.
- Highlight Key Points: Use highlights or annotations to indicate crucial information and missing pieces.
- Prepare a Summary: Draft a concise summary of your main issues and unmet requests.
- Include a Timeline: Develop a timeline of events and communications to provide context.
Would you like a template for preparing this summary and organizing your documents?

Sure! Here’s a template to help you organize your documents and prepare a summary for the CFPB:
---