source:
  type: regulation
  id: reg-x-1024.41
  authority: 12 CFR §1024.41 — Loss mitigation procedures
  description: 'Regulation X §1024.41 sets the loss-mitigation procedural framework for

    mortgage servicers: acknowledgment of receipt, 30-day evaluation of

    complete applications, denial-reason disclosures, 14-day appeal rights,

    the 120-day pre-foreclosure-referral hold, and the prohibition on

    foreclosure judgment/sale during evaluation (the anti-dual-tracking

    rules).

    '
obligations:
- id: reg-x-1024.41-a
  canonical_id: reg-x-1024.41-a
  section: 12 CFR §1024.41(a)
  description: '(a): (a) Enforcement and limitations. A borrower may enforce the provisions of this section
    pursuant to section 6(f) of RESPA ( 12 U.S.C. 2605(f) ). Nothing in § 1024.41 imposes a duty on a
    servicer to provide any borrower with any specific loss mitigation option . Nothing in § 1024.41 should
    be construe…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: (a) Enforcement and limitations. A borrower may enforce the provisions of this section
      pursuant to section 6(f) of RESPA ( 12 U.S.C. 2605(f) ). Nothing in § 1024.41 imposes a duty on
      a servicer to provide any borrower with any specific loss mitigation option . Nothing in § 1024.41
      should be construed to create a right for a borrower to enforce the terms of any agreement between
      a servicer and the owner or assignee of a mortgage loan , including with respect to the evaluation
      for, or offer of, any loss mitigation option or to eliminate any such right that may exist pursuant
      to applicable law.
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-b
  canonical_id: reg-x-1024.41-b
  section: 12 CFR §1024.41(b)
  description: '(b): (b) Receipt of a loss mitigation application —(1) Complete loss mitigation application.
    A complete loss mitigation application means an application in connection with which a servicer has
    received all the information that the servicer requires from a borrower in evaluating applications
    for the loss …'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: '(b) Receipt of a loss mitigation application —(1) Complete loss mitigation application.
      A complete loss mitigation application means an application in connection with which a servicer
      has received all the information that the servicer requires from a borrower in evaluating applications
      for the loss mitigation options available to the borrower. A servicer shall exercise reasonable
      diligence in obtaining documents and information to complete a loss mitigation application . (2)
      Review of loss mitigation application submission —(i) Requirements. If a servicer receives a loss
      mitigation application 45 days or more before a foreclosure sale, a servicer shall: (A) Promptly
      upon receipt of a loss mitigation application , review the loss mitigation application to determine
      if the loss mitigation application is complete; and (B) Notify the borrower in writing within 5
      days (excluding legal public holi days , Satur days , and Sun days ) after receiving the loss mitigation
      application that the servicer acknowledges receipt of the loss mitigation application and that the
      servicer has determined that the loss mitigation application is either complete or incomplete. If
      a loss mitigation application is incomplete, the notice shall state the additional documents and
      information the borrower must submit to make the loss mitigation application complete and the applicable
      date pursuant to paragraph (b)(2)(ii) of this section. The notice to the borrower shall include
      a statement that the borrower should consider contacting servicers of any other mortgage loans secured
      by the same property to discuss available loss mitigation options. (ii) Time period disclosure.
      The notice required pursuant to paragraph (b)(2)(i)(B) of this section must include a reasonable
      date by which the borrower should submit the documents and information necessary to make the loss
      mitigation application complete. (3) Determining protections. To the extent a determination of whether
      protections under this section apply to a borrower is made on the basis of the number of days between
      when a complete loss mitigation application is received and when a foreclosure sale occurs, such
      determination shall be made as of the date a complete loss mitigation application is received.'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-c
  canonical_id: reg-x-1024.41-c
  section: 12 CFR §1024.41(c)
  description: '(c): (c) Evaluation of loss mitigation applications —(1) Complete loss mitigation application.
    Except as provided in paragraph (c)(4)(ii) of this section, if a servicer receives a complete loss
    mitigation application more than 37 days before a foreclosure sale, then, within 30 days of receiving
    the compl…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: '(c) Evaluation of loss mitigation applications —(1) Complete loss mitigation application.
      Except as provided in paragraph (c)(4)(ii) of this section, if a servicer receives a complete loss
      mitigation application more than 37 days before a foreclosure sale, then, within 30 days of receiving
      the complete loss mitigation application , a servicer shall:'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-i
  canonical_id: reg-x-1024.41-i
  section: 12 CFR §1024.41(i)
  description: '(i): (i) Evaluate the borrower for all loss mitigation options available to the borrower;
    and (ii) Provide the borrower with a notice in writing stating the servicer ''s determination of which
    loss mitigation options, if any, it will offer to the borrower on behalf of the owner or assignee
    of the mortgage…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: (i) Evaluate the borrower for all loss mitigation options available to the borrower;
      and (ii) Provide the borrower with a notice in writing stating the servicer 's determination of
      which loss mitigation options, if any, it will offer to the borrower on behalf of the owner or assignee
      of the mortgage . The servicer shall include in this notice the amount of time the borrower has
      to accept or reject an offer of a loss mitigation program as provided for in paragraph (e) of this
      section, if applicable, and a notification, if applicable, that the borrower has the right to appeal
      the denial of any loan modification option as well as the amount of time the borrower has to file
      such an appeal and any requirements for making an appeal, as provided for in paragraph (h) of this
      section. (2) Incomplete loss mitigation application evaluation —(i) In general. Except as set forth
      in paragraphs (c)(2)(ii), (iii), and (v) of this section, a servicer shall not evade the requirement
      to evaluate a complete loss mitigation application for all loss mitigation options available to
      the borrower by offering a loss mitigation option based upon an evaluation of any information provided
      by a borrower in connection with an incomplete loss mitigation application . (ii) Reasonable time.
      Notwithstanding paragraph (c)(2)(i) of this section, if a servicer has exercised reasonable diligence
      in obtaining documents and information to complete a loss mitigation application , but a loss mitigation
      application remains incomplete for a significant period of time under the circumstances without
      further progress by a borrower to make the loss mitigation application complete, a servicer may,
      in its discretion, evaluate an incomplete loss mitigation application and offer a borrower a loss
      mitigation option . Any such evaluation and offer is not subject to the requirements of this section
      and shall not constitute an evaluation of a single complete loss mitigation application for purposes
      of paragraph (i) of this section. (iii) Short-term loss mitigation options. Notwithstanding paragraph
      (c)(2)(i) of this section, a servicer may offer a short-term payment forbearance program or a short-term
      repayment plan to a borrower based upon an evaluation of an incomplete loss mitigation application
      . Promptly after offering a payment forbearance program or a repayment plan under this paragraph
      (c)(2)(iii), unless the borrower has rejected the offer, the servicer must provide the borrower
      a written notice stating the specific payment terms and duration of the program or plan, that the
      servicer offered the program or plan based on an evaluation of an incomplete application , that
      other loss mitigation options may be available, and that the borrower has the option to submit a
      complete loss mitigation application to receive an evaluation for all loss mitigation options available
      to the borrower regardless of whether the borrower accepts the program or plan. A servicer shall
      not make the first notice or filing required by applicable law for any judicial or non-judicial
      foreclosure process, and shall not move for foreclosure judgment or order of sale or conduct a foreclosure
      sale, if a borrower is performing pursuant to the terms of a payment forbearance program or repayment
      plan offered pursuant to this paragraph (c)(2)(iii). A servicer may offer a short-term payment forbearance
      program in conjunction with a short-term repayment plan pursuant to this paragraph (c)(2)(iii).
      (iv) Facially complete application. A loss mitigation application shall be considered facially complete
      when a borrower submits all the missing documents and information as stated in the notice required
      under paragraph (b)(2)(i)(B) of this section, when no additional information is requested in such
      notice, or once the servicer is required to provide the borrower a written notice pursuant to paragraph
      (c)(3)(i) of this section. If the servicer later discovers that additional information or corrections
      to a previously submitted document are required to complete the application , the servicer must
      promptly request the missing information or corrected documents and treat the application as complete
      for the purposes of paragraphs (f)(2) and (g) of this section until the borrower is given a reasonable
      opportunity to complete the application . If the borrower completes the application within this
      period, the application shall be considered complete as of the date it first became facially complete,
      for the purposes of paragraphs (d), (e), (f)(2), (g), and (h) of this section, and as of the date
      the application was actually complete for the purposes of this paragraph (c). A servicer that complies
      with this paragraph (c)(2)(iv) will be deemed to have fulfilled its obligation to provide an accurate
      notice under paragraph (b)(2)(i)(B) of this section.
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-v
  canonical_id: reg-x-1024.41-v
  section: 12 CFR §1024.41(v)
  description: '(v): (v) Certain COVID-19-related loss mitigation options. (A) Notwithstanding paragraph
    (c)(2)(i) of this section, a servicer may offer a borrower a loss mitigation option based upon evaluation
    of an incomplete application , provided that all of the following criteria are met: (1) The loss mitigation
    op…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: '(v) Certain COVID-19-related loss mitigation options. (A) Notwithstanding paragraph
      (c)(2)(i) of this section, a servicer may offer a borrower a loss mitigation option based upon evaluation
      of an incomplete application , provided that all of the following criteria are met: (1) The loss
      mitigation option permits the borrower to delay paying covered amounts until the mortgage loan is
      refinanced, the mortgaged property is sold, the term of the mortgage loan ends, or, for a mortgage
      loan insured by the Federal Housing Administration, the mortgage insurance terminates. For purposes
      of this paragraph (c)(2)(v)(A)( 1 ), “covered amounts” includes, without limitation, all principal
      and interest payments forborne under a payment forbearance program made available to borrowers experiencing
      a COVID-19-related hardship, including a payment forbearance program made pursuant to the Coronavirus
      Economic Stabilization Act, section 4022 ( 15 U.S.C. 9056 ); it also includes, without limitation,
      all other principal and interest payments that are due and unpaid by a borrower experiencing COVID-19-related
      hardship. For purposes of this paragraph (c)(2)(v)(A)( 1 ), “the term of the mortgage loan” means
      the term of the mortgage loan according to the obligation between the parties in effect when the
      borrower is offered the loss mitigation option . (2) Any amounts that the borrower may delay paying
      as described in paragraph (c)(2)(v)(A)( 1 ) of this section do not accrue interest; the servicer
      does not charge any fee in connection with the loss mitigation option ; and the servicer waives
      all existing late charges, penalties, stop payment fees, or similar charges promptly upon the borrower''s
      acceptance of the loss mitigation option . (3) The borrower''s acceptance of an offer made pursuant
      to paragraph (c)(2)(v)(A) of this section ends any pre-existing delinquency on the mortgage loan
      . (B) Once the borrower accepts an offer made pursuant to paragraph (c)(2)(v)(A) of this section,
      the servicer is not required to comply with paragraph (b)(1) or (2) of this section with regard
      to any loss mitigation application the borrower submitted prior to the servicer ''s offer of the
      loss mitigation option described in paragraph (c)(2)(v)(A) of this section. (3) Notice of complete
      application.'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-i
  canonical_id: reg-x-1024.41-i
  section: 12 CFR §1024.41(i)
  description: '(i): (i) Except as provided in paragraph (c)(3)(ii) of this section, within 5 days (excluding
    legal public holi days , Satur days , and Sun days ) after receiving a borrower''s complete loss mitigation
    application , a servicer shall provide the borrower a written notice that sets forth the following
    infor…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: '(i) Except as provided in paragraph (c)(3)(ii) of this section, within 5 days (excluding
      legal public holi days , Satur days , and Sun days ) after receiving a borrower''s complete loss
      mitigation application , a servicer shall provide the borrower a written notice that sets forth
      the following information: (A) That the loss mitigation application is complete; (B) The date the
      servicer received the complete application ; (C) That the servicer expects to complete its evaluation
      within 30 days of the date it received the complete application ; (D) That the borrower is entitled
      to certain foreclosure protections because the servicer has received the complete application ,
      and, as applicable, either: (1) If the servicer has not made the first notice or filing required
      by applicable law for any judicial or non-judicial foreclosure process, that the servicer cannot
      make the first notice or filing required to commence or initiate the foreclosure process under applicable
      law before evaluating the borrower''s complete application ; or (2) If the servicer has made the
      first notice or filing required by applicable law for any judicial or non-judicial foreclosure process,
      that the servicer has begun the foreclosure process, and that the servicer cannot conduct a foreclosure
      sale before evaluating the borrower''s complete application ; (E) That the servicer may need additional
      information at a later date to evaluate the application , in which case the servicer will request
      that information from the borrower and give the borrower a reasonable opportunity to submit it,
      the evaluation process may take longer, and the foreclosure protections could end if the servicer
      does not receive the information as requested; and (F) That the borrower may be entitled to additional
      protections under State or Federal law. (ii) A servicer is not required to provide a notice pursuant
      to paragraph (c)(3)(i) of this section if: (A) The servicer has already provided the borrower a
      notice under paragraph (b)(2)(i)(B) of this section informing the borrower that the application
      is complete and the servicer has not subsequently requested additional information or a corrected
      version of a previously submitted document from the borrower pursuant to paragraph (c)(2)(iv) of
      this section; (B) The application was not complete or facially complete more than 37 days before
      a foreclosure sale; or (C) The servicer has already provided the borrower a notice regarding the
      application under paragraph (c)(1)(ii) of this section. (4) Information not in the borrower''s control
      —(i) Reasonable diligence. If a servicer requires documents or information not in the borrower''s
      control to determine which loss mitigation options, if any, it will offer to the borrower, the servicer
      must exercise reasonable diligence in obtaining such documents or information. (ii) Effect in case
      of delay. (A)( 1 ) Except as provided in paragraph (c)(4)(ii)(A)( 2 ) of this section, a servicer
      must not deny a complete loss mitigation application solely because the servicer lacks required
      documents or information not in the borrower''s control . (2) If a servicer has exercised reasonable
      diligence to obtain required documents or information from a party other than the borrower or the
      servicer , but the servicer has been unable to obtain such documents or information for a significant
      period of time following the 30-day period identified in paragraph (c)(1) of this section, and the
      servicer , in accordance with applicable requirements established by the owner or assignee of the
      borrower''s mortgage loan , is unable to determine which loss mitigation options, if any, it will
      offer the borrower without such documents or information, the servicer may deny the application
      and provide the borrower with a written notice in accordance with paragraph (c)(1)(ii) of this section.
      When providing the written notice in accordance with paragraph (c)(1)(ii) of this section, the servicer
      must also provide the borrower with a copy of the written notice required by paragraph (c)(4)(ii)(B)
      of this section. (B) If a servicer is unable to make a determination within the 30-day period identified
      in paragraph (c)(1) of this section as to which loss mitigation options, if any, it will offer to
      the borrower because the servicer lacks required documents or information from a party other than
      the borrower or the servicer , the servicer must, within such 30-day period or promptly thereafter,
      provide the borrower a written notice, informing the borrower: (1) That the servicer has not received
      documents or information not in the borrower''s control that the servicer requires to determine
      which loss mitigation options, if any, it will offer to the borrower on behalf of the owner or assignee
      of the mortgage ; (2) Of the specific documents or information that the servicer lacks; (3) That
      the servicer has requested such documents or information; and (4) That the servicer will complete
      its evaluation of the borrower for all available loss mitigation options promptly upon receiving
      the documents or information. (C) If a servicer must provide a notice required by paragraph (c)(4)(ii)(B)
      of this section, the servicer must not provide the borrower a written notice pursuant to paragraph
      (c)(1)(ii) of this section until the servicer receives the required documents or information referenced
      in paragraph (c)(4)(ii)(B)( 2 ) of this section, except as provided in paragraph (c)(4)(ii)(A)(
      2 ) of this section. Upon receiving such required documents or information, the servicer must promptly
      provide the borrower with the written notice pursuant to paragraph (c)(1)(ii) of this section.'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-d
  canonical_id: reg-x-1024.41-d
  section: 12 CFR §1024.41(d)
  description: '(d): (d) Denial of loan modification options. If a borrower''s complete loss mitigation
    application is denied for any trial or permanent loan modification option available to the borrower
    pursuant to paragraph (c) of this section, a servicer shall state in the notice sent to the borrower
    pursuant to parag…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: (d) Denial of loan modification options. If a borrower's complete loss mitigation
      application is denied for any trial or permanent loan modification option available to the borrower
      pursuant to paragraph (c) of this section, a servicer shall state in the notice sent to the borrower
      pursuant to paragraph (c)(1)(ii) of this section the specific reason or reasons for the servicer
      's determination for each such trial or permanent loan modification option and, if applicable, that
      the borrower was not evaluated on other criteria.
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-e
  canonical_id: reg-x-1024.41-e
  section: 12 CFR §1024.41(e)
  description: '(e): (e) Borrower response —(1) In general. Subject to paragraphs (e)(2)(ii) and (iii)
    of this section, if a complete loss mitigation application is received 90 days or more before a foreclosure
    sale, a servicer may require that a borrower accept or reject an offer of a loss mitigation option
    no earlier …'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: (e) Borrower response —(1) In general. Subject to paragraphs (e)(2)(ii) and (iii)
      of this section, if a complete loss mitigation application is received 90 days or more before a
      foreclosure sale, a servicer may require that a borrower accept or reject an offer of a loss mitigation
      option no earlier than 14 days after the servicer provides the offer of a loss mitigation option
      to the borrower. If a complete loss mitigation application is received less than 90 days before
      a foreclosure sale, but more than 37 days before a foreclosure sale, a servicer may require that
      a borrower accept or reject an offer of a loss mitigation option no earlier than 7 days after the
      servicer provides the offer of a loss mitigation option to the borrower. (2) Rejection —(i) In general.
      Except as set forth in paragraphs (e)(2)(ii) and (iii) of this section, a servicer may deem a borrower
      that has not accepted an offer of a loss mitigation option within the deadline established pursuant
      to paragraph (e)(1) of this section to have rejected the offer of a loss mitigation option . (ii)
      Trial Loan Modification Plan. A borrower who does not satisfy the servicer 's requirements for accepting
      a trial loan modification plan, but submits the payments that would be owed pursuant to any such
      plan within the deadline established pursuant to paragraph (e)(1) of this section, shall be provided
      a reasonable period of time to fulfill any remaining requirements of the servicer for acceptance
      of the trial loan modification plan beyond the deadline established pursuant to paragraph (e)(1)
      of this section. (iii) Interaction with appeal process. If a borrower makes an appeal pursuant to
      paragraph (h) of this section, the borrower's deadline for accepting a loss mitigation option offered
      pursuant to paragraph (c)(1)(ii) of this section shall be extended until 14 days after the servicer
      provides the notice required pursuant to paragraph (h)(4) of this section.
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-f
  canonical_id: reg-x-1024.41-f
  section: 12 CFR §1024.41(f)
  description: '(f): (f) Prohibition on foreclosure referral —(1) Pre-foreclosure review period. A servicer
    shall not make the first notice or filing required by applicable law for any judicial or non-judicial
    foreclosure process unless:'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: '(f) Prohibition on foreclosure referral —(1) Pre-foreclosure review period. A servicer
      shall not make the first notice or filing required by applicable law for any judicial or non-judicial
      foreclosure process unless:'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-i
  canonical_id: reg-x-1024.41-i
  section: 12 CFR §1024.41(i)
  description: '(i): (i) A borrower''s mortgage loan obligation is more than 120 days delinquent; (ii)
    The foreclosure is based on a borrower''s violation of a due-on-sale clause; or (iii) The servicer
    is joining the foreclosure action of a superior or subordinate lienholder. (2) Application received
    before foreclosure re…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: '(i) A borrower''s mortgage loan obligation is more than 120 days delinquent; (ii)
      The foreclosure is based on a borrower''s violation of a due-on-sale clause; or (iii) The servicer
      is joining the foreclosure action of a superior or subordinate lienholder. (2) Application received
      before foreclosure referral. If a borrower submits a complete loss mitigation application during
      the pre-foreclosure review period set forth in paragraph (f)(1) of this section or before a servicer
      has made the first notice or filing required by applicable law for any judicial or non-judicial
      foreclosure process, a servicer shall not make the first notice or filing required by applicable
      law for any judicial or non-judicial foreclosure process unless:'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-i
  canonical_id: reg-x-1024.41-i
  section: 12 CFR §1024.41(i)
  description: '(i): (i) The servicer has sent the borrower a notice pursuant to paragraph (c)(1)(ii)
    of this section that the borrower is not eligible for any loss mitigation option and the appeal process
    in paragraph (h) of this section is not applicable, the borrower has not requested an appeal within
    the applicable …'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: (i) The servicer has sent the borrower a notice pursuant to paragraph (c)(1)(ii)
      of this section that the borrower is not eligible for any loss mitigation option and the appeal
      process in paragraph (h) of this section is not applicable, the borrower has not requested an appeal
      within the applicable time period for requesting an appeal, or the borrower's appeal has been denied;
      (ii) The borrower rejects all loss mitigation options offered by the servicer ; or (iii) The borrower
      fails to perform under an agreement on a loss mitigation option .
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-g
  canonical_id: reg-x-1024.41-g
  section: 12 CFR §1024.41(g)
  description: '(g): (g) Prohibition on foreclosure sale. If a borrower submits a complete loss mitigation
    application after a servicer has made the first notice or filing required by applicable law for any
    judicial or non-judicial foreclosure process but more than 37 days before a foreclosure sale, a servicer
    shall not…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: '(g) Prohibition on foreclosure sale. If a borrower submits a complete loss mitigation
      application after a servicer has made the first notice or filing required by applicable law for
      any judicial or non-judicial foreclosure process but more than 37 days before a foreclosure sale,
      a servicer shall not move for foreclosure judgment or order of sale, or conduct a foreclosure sale,
      unless: (1) The servicer has sent the borrower a notice pursuant to paragraph (c)(1)(ii) of this
      section that the borrower is not eligible for any loss mitigation option and the appeal process
      in paragraph (h) of this section is not applicable, the borrower has not requested an appeal within
      the applicable time period for requesting an appeal, or the borrower''s appeal has been denied;
      (2) The borrower rejects all loss mitigation options offered by the servicer ; or (3) The borrower
      fails to perform under an agreement on a loss mitigation option .'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-h
  canonical_id: reg-x-1024.41-h
  section: 12 CFR §1024.41(h)
  description: '(h): (h) Appeal process —(1) Appeal process required for loan modification denials. If
    a servicer receives a complete loss mitigation application 90 days or more before a foreclosure sale
    or during the period set forth in paragraph (f) of this section, a servicer shall permit a borrower
    to appeal the ser…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: (h) Appeal process —(1) Appeal process required for loan modification denials. If
      a servicer receives a complete loss mitigation application 90 days or more before a foreclosure
      sale or during the period set forth in paragraph (f) of this section, a servicer shall permit a
      borrower to appeal the servicer 's determination to deny a borrower's loss mitigation application
      for any trial or permanent loan modification program available to the borrower. (2) Deadlines. A
      servicer shall permit a borrower to make an appeal within 14 days after the servicer provides the
      offer of a loss mitigation option to the borrower pursuant to paragraph (c)(1)(ii) of this section.
      (3) Independent evaluation. An appeal shall be reviewed by different personnel than those responsible
      for evaluating the borrower's complete loss mitigation application . (4) Appeal determination. Within
      30 days of a borrower making an appeal, the servicer shall provide a notice to the borrower stating
      the servicer 's determination of whether the servicer will offer the borrower a loss mitigation
      option based upon the appeal and, if applicable, how long the borrower has to accept or reject such
      an offer or a prior offer of a loss mitigation option . A servicer may require that a borrower accept
      or reject an offer of a loss mitigation option after an appeal no earlier than 14 days after the
      servicer provides the notice to a borrower. A servicer 's determination under this paragraph is
      not subject to any further appeal.
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-i
  canonical_id: reg-x-1024.41-i
  section: 12 CFR §1024.41(i)
  description: '(i): (i) Duplicative requests. A servicer must comply with the requirements of this section
    for a borrower''s loss mitigation application , unless the servicer has previously complied with the
    requirements of this section for a complete loss mitigation application submitted by the borrower
    and the borrowe…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: (i) Duplicative requests. A servicer must comply with the requirements of this section
      for a borrower's loss mitigation application , unless the servicer has previously complied with
      the requirements of this section for a complete loss mitigation application submitted by the borrower
      and the borrower has been delinquent at all times since submitting the prior complete application
      .
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-j
  canonical_id: reg-x-1024.41-j
  section: 12 CFR §1024.41(j)
  description: '(j): (j) Small servicer requirements. A small servicer shall be subject to the prohibition
    on foreclosure referral in paragraph (f)(1) of this section. A small servicer shall not make the first
    notice or filing required by applicable law for any judicial or non-judicial foreclosure process and
    shall not …'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: (j) Small servicer requirements. A small servicer shall be subject to the prohibition
      on foreclosure referral in paragraph (f)(1) of this section. A small servicer shall not make the
      first notice or filing required by applicable law for any judicial or non-judicial foreclosure process
      and shall not move for foreclosure judgment or order of sale, or conduct a foreclosure sale, if
      a borrower is performing pursuant to the terms of an agreement on a loss mitigation option .
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-k
  canonical_id: reg-x-1024.41-k
  section: 12 CFR §1024.41(k)
  description: '(k): (k) Servicing transfers —(1) In general —(i) Timing of compliance. Except as provided
    in paragraphs (k)(2) through (4) of this section, if a transferee servicer acquires the servicing
    of a mortgage loan for which a loss mitigation application is pending as of the transfer date, the
    transferee servic…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: '(k) Servicing transfers —(1) In general —(i) Timing of compliance. Except as provided
      in paragraphs (k)(2) through (4) of this section, if a transferee servicer acquires the servicing
      of a mortgage loan for which a loss mitigation application is pending as of the transfer date, the
      transferee servicer must comply with the requirements of this section for that loss mitigation application
      within the timeframes that were applicable to the transferor servicer based on the date the transferor
      servicer received the loss mitigation application . All rights and protections under paragraphs
      (c) through (h) of this section to which a borrower was entitled before a transfer continue to apply
      notwithstanding the transfer. (ii) Transfer date defined. For purposes of this paragraph (k), the
      transfer date is the date on which the transferee servicer will begin accepting payments relating
      to the mortgage loan , as disclosed on the notice of transfer of loan servicing pursuant to § 1024.33(b)(4)(iv)
      . (2) Acknowledgment notices —(i) Transferee servicer timeframes. If a transferee servicer acquires
      the servicing of a mortgage loan for which the period to provide the notice required by paragraph
      (b)(2)(i)(B) of this section has not expired as of the transfer date and the transferor servicer
      has not provided such notice, the transferee servicer must provide the notice within 10 days (excluding
      legal public holi days , Satur days , and Sun days ) of the transfer date. (ii) Prohibitions. A
      transferee servicer that must provide the notice required by paragraph (b)(2)(i)(B) of this section
      under this paragraph (k)(2): (A) Shall not make the first notice or filing required by applicable
      law for any judicial or non-judicial foreclosure process until a date that is after the reasonable
      date disclosed to the borrower pursuant to paragraph (b)(2)(ii) of this section, notwithstanding
      paragraph (f)(1) of this section. For purposes of paragraph (f)(2) of this section, a borrower who
      submits a complete loss mitigation application on or before the reasonable date disclosed to the
      borrower pursuant to paragraph (b)(2)(ii) of this section shall be treated as having done so during
      the pre-foreclosure review period set forth in paragraph (f)(1) of this section. (B) Shall comply
      with paragraphs (c), (d), and (g) of this section if the borrower submits a complete loss mitigation
      application to the transferee or transferor servicer 37 or fewer days before the foreclosure sale
      but on or before the reasonable date disclosed to the borrower pursuant to paragraph (b)(2)(ii)
      of this section. (3) Complete loss mitigation applications pending at transfer. If a transferee
      servicer acquires the servicing of a mortgage loan for which a complete loss mitigation application
      is pending as of the transfer date, the transferee servicer must comply with the applicable requirements
      of paragraphs (c)(1) and (4) of this section within 30 days of the transfer date. (4) Applications
      subject to appeal process. If a transferee servicer acquires the servicing of a mortgage loan for
      which an appeal of a transferor servicer ''s determination pursuant to paragraph (h) of this section
      has not been resolved by the transferor servicer as of the transfer date or is timely filed after
      the transfer date, the transferee servicer must make a determination on the appeal if it is able
      to do so or, if it is unable to do so, must treat the appeal as a pending complete loss mitigation
      application .'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.41-i
  canonical_id: reg-x-1024.41-i
  section: 12 CFR §1024.41(i)
  description: '(i): (i) Determining appeal. If a transferee servicer is required under this paragraph
    (k)(4) to make a determination on an appeal, the transferee servicer must complete the determination
    and provide the notice required by paragraph (h)(4) of this section within 30 days of the transfer
    date or 30 days of…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.41(b)(2)(i)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.41
    snapshot_id: 5c36d490608d55af
    fetched_at: '2026-05-22T11:32:20Z'
    content_hash: sha256:7cd5f85bb5fa3c939112749124781927822dd44e527049e3ddd2d7c7e36ed15a
    paragraph_quote: (i) Determining appeal. If a transferee servicer is required under this paragraph
      (k)(4) to make a determination on an appeal, the transferee servicer must complete the determination
      and provide the notice required by paragraph (h)(4) of this section within 30 days of the transfer
      date or 30 days of the date the borrower made the appeal, whichever is later. (ii) Servicer unable
      to determine appeal. A transferee servicer that is required to treat a borrower's appeal as a pending
      complete loss mitigation application under this paragraph (k)(4) must comply with the requirements
      of this section for such application , including evaluating the borrower for all loss mitigation
      options available to the borrower from the transferee servicer . For purposes of paragraph (c) or
      (k)(3) of this section, as applicable, such a pending complete loss mitigation application shall
      be considered complete as of the date the appeal was received by the transferor servicer or the
      transferee servicer , whichever occurs first. For purposes of paragraphs (e) through (h) of this
      section, the transferee servicer must treat such a pending complete loss mitigation application
      as facially complete under paragraph (c)(2)(iv) as of the date it was first facially complete or
      complete, as applicable, with respect to the transferor servicer . (5) Pending loss mitigation offers.
      A transfer does not affect a borrower's ability to accept or reject a loss mitigation option offered
      under paragraph (c) or (h) of this section. If a transferee servicer acquires the servicing of a
      mortgage loan for which the borrower's time period under paragraph (e) or (h) of this section for
      accepting or rejecting a loss mitigation option offered by the transferor servicer has not expired
      as of the transfer date, the transferee servicer must allow the borrower to accept or reject the
      offer during the unexpired balance of the applicable time period. [ 78 FR 10876 , Feb. 14, 2013,
      as amended at 78 FR 60437 , Oct. 1, 2013; 81 FR 72373 , Oct. 19, 2016; 85 FR 39065 , June 30, 2020;
      86 FR 34899 , June 30, 2021; 90 FR 20792 , May 16, 2025] CFR Toolbox Law about... Articles from
      Wex Table of Popular Names Parallel Table of Authorities Accessibility About LII Contact us Advertise
      here Help Terms of use Privacy
    drafter_attestation: Verbatim subsection of 12 CFR §1024.41 from Cornell LII snapshot 5c36d490608d55af;
      body isolated between nav and notes; substring-verified.
  judgment: false
