DIY Legal Forms

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Mortgage Servicing Transfer Disclosure


Because you are applying for a mortgage loan covered by the Real Estate Settlement Procedures Act (RESPA) you have certain rights under that Federal law. This statement tells you about those rights. It also tells you what the chances are that the servicing for this loan may be transferred to a different loan servicer. Servicing refers to collecting your principal interest and escrow account payments, if any. If you loan servicer changes, there are certain procedures that must be followed. This statement generally explains those procedures.

Transfer Practices and Requirements

If the servicing of your loan is assigned, sold, or transferred to a new servicer, you must be given written notice of that transfer. The present loan servicer must send you notice in writing of the assignment, sale, or transfer of the servicing not less than fifteen days before the effective date of the transfer. The new loan servicer must also send you notice within fifteen days after the effective date of the transfer. The present servicer and the new servicer may combine this information in one notice so long as the notice is sent to you fifteen days before the effective date of the transfer. The fifteen day period is not applicable if a notice of prospective transfer is provided to you at settlement. The law allows a delay in the time (not more than thirty days after a transfer) for servicers to notify you under certain limited circumstances when your servicer is changed abruptly. This exception applies only if your servicer is fired for cause, is in bankruptcy proceedings, or is involved in a conservatorship or receivership initiated by a Federal agency.

Notices must contain certain information. They must contain the effective date of the transfer of the servicing of your loan to the new servicer, the name, address, and toll free or collect call telephone number of the new servicer, and toll-free or collect call telephone numbers of a person or department for both your present servicer and your new servicer to answer your questions about the transfer of servicing. During the sixty day period following the effective day of the transfer of the loan servicing, a loan payment received by your old servicer before its due date may not be treated by the new loan servicer as late, and a late fee may not be imposed on you.

Complaint Resolution

Section 6 of RESPA gives you certain consumer rights, whether or not your loan servicing is transferred. If you send a qualified written request to your loan servicer concerning the servicing of your loan, your servicer must provide you with a written acknowledgment with twenty business days of receipt of your request. A qualified written request is a written correspondence, other than notice on a payment coupon or other payment medium supplied by the servicer, which includes your name and account number, and your reasons for the request. Not late than sixty business days after receiving your request, your servicer must make any appropriate corrections to your account, or must provide you with a written clarification regarding any dispute. During this sixty day period, your servicer may not provide information to a consumer reporting agency concerning any overdue payment related to such period or qualified written request.

A Business Day is any day, excluding public holidays (State or Federal), Saturday and Sunday.

Damages and Costs

Section 6 of RESPA also provides for damages and cost for individuals or classes of individuals in circumstances where servicers are shown to have violated the requirements of the Section.

Servicing Transfer Estimated by Lender

1. The following is the best estimate of what will happen to the servicing of your mortgage loan:

[_] We may assign, sell or transfer the servicing of your loan sometime while the loan is outstanding.

[_] We are able to service your loan, and we [_] will [_] will not [_] have not decided whether to service your loan.

[_] We do not service mortgage loans, and we presently intend to assign, sell or transfer the servicing of your mortgage loan. You will be informed about your servicer.

2. For all the mortgage loans that we make in the twelve month period after your loan is funded, we estimate the percentage of mortgage loans for which we will transfer servicing is between: [_] 0 to 25% [_] 26 to 50% [_] 51 to 75% [_] 76 to 100% This estimate [_] does [_] does not include assignments, sales or transfers to affiliates or subsidiaries. This is only our best estimate and it is not binding. Business conditions or other circumstances may affect our future transferring decisions.

3. This is our record of transferring the servicing of the mortgage loans we have made in the past:

Year Percentage of Loans Transferred

(Rounded to Nearest Quarters 0%, 25%, 50%, 100%)

20 __, %

20 __, %

20 __, %

This information [_] does [_] does not include assignments, sales or transfers to affiliates or subsidiaries.



Lender (Signature not Mandatory)



I/We have read this disclosure form, and understand its contents, as evidenced by my/our signature(s) below.


Applicant's Signature, Date


Applicant's Signature, Date


Applicant's Signature, Date


Applicant's Signature, Date

*** If Required By State Law ***

This Section for Notary:


State of _________

County of ________ [County]

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.

Signature ________

My commission expires: _____


Instructions to Preparer: For item 3, for applications received in calendar year 1991, the information will be for calendar year 1990 only, for applications received in 1992; this information will be for calendar years 1990 and 1991; and for applications received in 1993 and thereafter, this information will be for the previous three calendar years. If the percentage of servicing transferred is less than 12.5%, the word nominal or the actual percentage amount of servicing transfers my be used.