How Should I Inform Servicers When I Become a Successor in Interest?
Since servicers must maintain policies and procedures to ensure communication between them and any potential successor in interest, you could either submit an oral or written request for confirmation as a successor in interest.
- The first step is to notify the servicer of the situation that entitles you to become a successor in interest, such as notice of death or divorce of the original borrower, or a transfer of the property. The servicing company must send you a written acknowledgement of request within five business days from receipt of your request.
Tellus TIP:
Informing the servicer about a situation that entitles you to become a successor in interest is your responsibility. Servicers are not required to conduct a search for potential successors in interest If they have not received actual notice of their existence.
Afterwards, the servicing company must determine which documents they will require from you to confirm your status as successor in interest, within thirty business days. This should include contact information in case you need further assistance.
Finally, upon receipt of such documents, the servicing company must determine whether you qualify as a confirmed successor in interest or if they need more documents to reach a final decision. There is no specific deadline for the servicing company to reach a decision, as they are required to do so "promptly". Depending on the nature of your request, most of the time servicers will reply within 30 to 45 days.
- 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?
- Am I Liable for the Loan Once Confirmed as 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?