Notice of Error & Request for Information
Two written communications to a mortgage servicer, two different purposes, and a federal framework that attaches obligations to each. This page explains what they are, how they differ, where they go, and what they do — and do not — change about a foreclosure.
Professional Law Assist is not a law firm. We do not provide legal advice and do not determine whether a servicer violated any law or regulation. This page is general educational information about a federal framework. Whether a specific communication qualifies, and what remedies may exist, are questions for a licensed attorney in your state.
What each one actually asserts
The distinction matters more than it looks. Federal servicing rules — commonly called Regulation X — create obligations that attach to a written communication depending on which of these two categories it falls into. Sending the right communication to the right address is what makes those obligations apply at all.
Notice of Error
It asserts that the servicer got something wrong in the servicing of the loan. The framework contemplates specific categories of asserted error — for example an error in the amount of a payment, in the application of a payment, in an escrow calculation or disbursement, or in the handling of a loss-mitigation request. It is a claim about accuracy.
Request for Information
It asks for records about the servicing of the loan — payment history, escrow statements, the note, a record of a prior communication. It asserts nothing. It is a request for what the servicer holds. The obligations attached to it differ from those attached to a notice of error.
The designated address is the step people miss
Servicers must designate an address specifically for receiving these communications, and it is frequently not the payment address and not the address printed on the monthly statement. A letter sent to the wrong address may not trigger the framework's obligations at all — which means a homeowner can believe they raised an error, hear nothing, and never have the process start. Confirm the designated address from the servicer's own published information before sending, and keep proof of mailing.
Categories of servicing issues homeowners raise
These are the recurring categories — described generally, not as a determination that any of them occurred in a given account.
Payment application
Disputes about whether a payment was applied to the correct date or balance, whether it was posted at all, or whether late fees were assessed inconsistently with the loan documents.
Escrow
Questions about how an escrow account was calculated, what was disbursed for taxes or insurance, why the monthly payment changed, or how a shortage or surplus was handled.
Loss mitigation handling
Whether a submitted application was treated as complete, whether documents were acknowledged, whether the review followed the required sequence, or whether the outcome was communicated in the form required.
Foreclosure while under review
Whether the servicer advanced the foreclosure process while a complete loss-mitigation application was pending — the conduct commonly referred to as dual tracking.
Records and statements
Requests for the payment history, escrow analyses, the note, the security instrument, or records of prior communications about the account.
Fee and cost disputes
Questions about specific fees and costs the servicer assessed, whether they are authorized by the loan documents, and how they were calculated.
What the framework does — and what it does not
The federal servicing rules set out a process: acknowledgment of receipt, investigation, a response, and corrections where warranted, with the content and sequencing requirements set by the rule and by whether the communication qualifies. This page deliberately does not restate specific day counts, because the obligations turn on the rule's own definitions and on the circumstances — including whether the communication was sent to the designated address and whether it meets the rule's content requirements. The authoritative source is the rule itself, and a licensed attorney is the right person to apply it to a specific account.
What it does not do
- —It does not stop a foreclosure or postpone a sale by itself.
- —It does not obligate the servicer to grant a modification or any other outcome.
- —It is not the same as a complete loss-mitigation application, which is governed by separate provisions.
- —It does not create an attorney-client relationship or provide legal representation.
- —Sending one does not guarantee a particular correction or response.
If a sale date is already scheduled, the separate restriction on advancing to sale applies to a complete loss-mitigation application, not to a notice of error. See dual tracking for that restriction, and prevention options if a sale is approaching.
Related information
- Mortgage servicer practices and consumer information — How servicing works, who owns the loan versus who collects, and the broader regulatory picture.
- Dual tracking — The restriction on advancing to sale while a complete loss-mitigation application is under review.
- Mortgage servicer directory — Information about individual servicers, including their published contact and designated addresses.
- Mortgage document reference — The note, the security instrument, escrow statements, and the other records involved in a dispute.
Common questions
Questions About Your Servicer's Records?
Review general educational information about mortgage servicing, consumer records, and the public resources available to homeowners.
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