Am I Liable for the Loan Once Confirmed as a Successor in Interest?
No. To be confirmed as a successor in interest does not mean you are automatically liable on another person's mortgage loan obligation.
Sometimes servicing companies communicate with a confirmed successor in interest using terms such as "your loan," causing confusion about the legal status of a confirmed successor in interest regarding the mortgage loan. Servicing companies sometimes add an affirmative disclosure clause whereby they inform successors in interest that they do not have any personal liability or have assumed the mortgage loan obligation until they confirm the assumption of the loan.
Another common way for servicers to inform a confirmed successor in interest about their legal status in relation to the mortgage loan is by sending an acknowledgement form. Once a successor in interest effectively returns and confirms the acknowledgement form, then they legally assume a third person's mortgage loan obligation. Servicing companies must clearly explain that a confirmed successor in interest is not liable for the mortgage debt as long as they do not assume the loan.
- What Is Predatory Mortgage Servicing?
- What Are the Specific Formal Requirements for Periodic Statements?
- What Are Coupon Books and When Can They Replace Periodic Statements?
- When Are Servicers Allowed to Stop Providing Periodic Statements or Coupon Books?
- How Are Periodic Statements Delivered?
- What Is the Rule on Interest Rate Adjustment Notices?
- When Should I Receive an Interest Rate Adjustment Notice?
- What Information Must Be Included in the Initial and Ongoing Interest Rate Adjustment Notices?
- What Is the Prompt Payment Crediting Rule for Servicing Companies?
- What Are the Prompt Payment Crediting and Payoff Statement Rules for Servicers?
- Can the Loan Servicer Refuse to Provide You with a Payoff Balance Statement within 7 Days?
- Can I Choose My Mortgage Servicing Company?
- Are There Any Rules Regarding Written Communication with Servicing Companies?
- Are Servicers Allowed to Charge a Borrower for Force-Placed Insurance Coverage?
- What Are the General Rules Regarding Servicing Policies, Procedures, and Requirements?
- Are There Any Special Rules for Servicers When Dealing with Delinquent Borrowers?
- What Is the "Successors in Interest Rule" for Servicing Companies?
- How Should I Inform Servicers When I Become a Successor in Interest?
- Can I Change My Mortgage Servicing Company?
- Can I Turn to a Government Agency to Complain Against a Mortgage Servicing Company?
- Are There Any Federal Laws Protecting Me from Mortgage Servicers?
- What Are the Mortgage Servicing Rules Issued by the Consumer Financial Protection Bureau?
- What Is the Periodic Statement Rule for Mortgage Servicers?
- Are There Any Exceptions to the Periodic Statement Rule?
- How Many Periodic Statements Am I Entitled to Receive?