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Error Resolution and Requests for Information in Mortgage Servicing

Updated: Oct 23, 2023


CFPB and Mortgage Servicing

Introduction

Mortgage servicing is a critical aspect of homeownership, ensuring that borrowers receive necessary support and information throughout the life of their loans. However, like any complex financial system, errors and uncertainties can arise. This is where error resolution and requests for information (RFI) come into play, providing borrowers with essential mechanisms to address discrepancies and obtain vital information from their mortgage servicers.


Understanding Error Resolution

Error resolution in mortgage servicing refers to the process of identifying and rectifying mistakes or discrepancies in a borrower's account. These errors can encompass a wide range of issues, from inaccurate payment processing to insurance and tax-related discrepancies. Proper error resolution is crucial to maintaining transparency, fairness, and borrower trust within the mortgage servicing industry.


The Error Resolution Process

  1. Identification: The first step in error resolution is identifying the error. This can be initiated by either the borrower or the servicer. Common issues include misapplied payments, incorrect escrow calculations, or erroneous charges.

  2. Notification: Once identified, the borrower must notify the servicer of the error in writing. This notification should be detailed and include all relevant information, such as loan account number, a description of the error, and supporting documentation.

  3. Investigation: The servicer is responsible for investigating the reported error promptly. They must acknowledge receipt of the complaint within a specified timeframe, usually 5 business days, and inform the borrower that they are looking into the issue.

  4. Resolution: The servicer should aim to resolve the error within a specific timeframe, typically 30 days, although this may vary by jurisdiction and the nature of the error. Resolution may involve adjusting the borrower's account, refunding overpayments, or taking corrective action to address the issue.

  5. Communication: Throughout the process, the servicer must maintain open and clear communication with the borrower, keeping them informed of progress and any necessary actions they need to take.

Understanding Requests for Information (RFI)

Requests for information (RFI) in mortgage servicing involve borrowers seeking essential information or documents related to their mortgage accounts. These requests can encompass a broad range of inquiries, from payment histories and account statements to loan origination documents and escrow account details.


The RFI Process

  1. Initiation: Borrowers can initiate an RFI by sending a written request to their mortgage servicer. The request should specify the information or documents they are seeking and include relevant details, such as their loan account number.

  2. Response Time: Mortgage servicers are typically required to acknowledge receipt of the RFI within a specific timeframe, usually within 5 business days. The servicer must then provide the requested information or documents within 30 days.

  3. Information Availability: Mortgage servicers are obligated to maintain accurate records and ensure that the requested information is available. If certain documents are not readily available, the servicer must inform the borrower of the reasons for the delay and provide an estimated timeframe for obtaining the information.

Benefits of a Robust Error Resolution and RFI Process

  1. Transparency: A clear and efficient error resolution and RFI process promotes transparency and accountability within the mortgage servicing industry, fostering trust between borrowers and servicers.

  2. Consumer Protection: These processes are essential for protecting borrowers' rights and ensuring that they have access to accurate information about their mortgage accounts.

  3. Compliance: Mortgage servicers must adhere to various federal and state regulations, including the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA), which mandate specific procedures for error resolution and RFI handling.

  4. Conflict Resolution: An effective error resolution and RFI process can help prevent disputes from escalating into legal actions, benefiting both borrowers and servicers.

Conclusion

Error resolution and requests for information are critical components of the mortgage servicing industry, ensuring that borrowers receive accurate information and have mechanisms in place to address discrepancies. A well-defined and transparent process for error resolution and RFIs is essential for maintaining trust, complying with regulations, and providing borrowers with the support they need throughout their homeownership journey. Mortgage servicers should prioritize these processes to enhance customer satisfaction and facilitate smooth interactions with borrowers.


With the assistance of BlackWolf's customer communication oversight process, Servicers are able to handle requests more efficiently and within CFPB's requirements.



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