source:
  type: regulation
  id: reg-x-1024.39
  authority: 12 CFR §1024.39 — Early intervention requirements for certain borrowers
  description: 'Regulation X §1024.39 requires servicers to make live contact with

    delinquent borrowers by the 36th day of delinquency and to provide a

    written early-intervention notice no later than the 45th day; it also

    sets partial exemptions for borrowers in bankruptcy and borrowers who

    have invoked FDCPA §805(c) cease-communication.

    '
obligations:
- id: reg-x-1024.39-a
  canonical_id: reg-x-1024.39-a
  section: 12 CFR §1024.39(a)
  description: '(a): (a) Live contact. Except as otherwise provided in this section, a servicer shall
    establish or make good faith efforts to establish live contact with a delinquent borrower no later
    than the 36th day of a borrower''s delinquency and again no later than 36 days after each payment
    due date so long as the…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.39(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.39
    snapshot_id: b07433ccd2b6a743
    fetched_at: '2026-05-22T11:32:18Z'
    content_hash: sha256:44861510e9ba0f7e02faea4e287ce34d7b8ca89aff46ef785f473ffbfeceea84
    paragraph_quote: (a) Live contact. Except as otherwise provided in this section, a servicer shall
      establish or make good faith efforts to establish live contact with a delinquent borrower no later
      than the 36th day of a borrower's delinquency and again no later than 36 days after each payment
      due date so long as the borrower remains delinquent. Promptly after establishing live contact with
      a borrower, the servicer shall inform the borrower about the availability of loss mitigation options,
      if appropriate.
    drafter_attestation: Verbatim subsection of 12 CFR §1024.39 from Cornell LII snapshot b07433ccd2b6a743;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.39-b
  canonical_id: reg-x-1024.39-b
  section: 12 CFR §1024.39(b)
  description: '(b): (b) Written notice —(1) Notice required. Except as otherwise provided in this section,
    a servicer shall provide to a delinquent borrower a written notice with the information set forth
    in paragraph (b)(2) of this section no later than the 45th day of the borrower''s delinquency and
    again no later tha…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.39(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.39
    snapshot_id: b07433ccd2b6a743
    fetched_at: '2026-05-22T11:32:18Z'
    content_hash: sha256:44861510e9ba0f7e02faea4e287ce34d7b8ca89aff46ef785f473ffbfeceea84
    paragraph_quote: '(b) Written notice —(1) Notice required. Except as otherwise provided in this section,
      a servicer shall provide to a delinquent borrower a written notice with the information set forth
      in paragraph (b)(2) of this section no later than the 45th day of the borrower''s delinquency and
      again no later than 45 days after each payment due date so long as the borrower remains delinquent.
      A servicer is not required to provide the written notice, however, more than once during any 180-day
      period. If a borrower is 45 days or more delinquent at the end of any 180-day period after the servicer
      has provided the written notice, a servicer must provide the written notice again no later than
      180 days after the provision of the prior written notice. If a borrower is less than 45 days delinquent
      at the end of any 180-day period after the servicer has provided the written notice, a servicer
      must provide the written notice again no later than 45 days after the payment due date for which
      the borrower remains delinquent. (2) Content of the written notice. The notice required by paragraph
      (b)(1) of this section shall include:'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.39 from Cornell LII snapshot b07433ccd2b6a743;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.39-i
  canonical_id: reg-x-1024.39-i
  section: 12 CFR §1024.39(i)
  description: '(i): (i) A statement encouraging the borrower to contact the servicer ; (ii) The telephone
    number to access servicer personnel assigned pursuant to § 1024.40(a) and the servicer ''s mailing
    address; (iii) If applicable, a statement providing a brief description of examples of loss mitigation
    options that …'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.39(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.39
    snapshot_id: b07433ccd2b6a743
    fetched_at: '2026-05-22T11:32:18Z'
    content_hash: sha256:44861510e9ba0f7e02faea4e287ce34d7b8ca89aff46ef785f473ffbfeceea84
    paragraph_quote: (i) A statement encouraging the borrower to contact the servicer ; (ii) The telephone
      number to access servicer personnel assigned pursuant to § 1024.40(a) and the servicer 's mailing
      address; (iii) If applicable, a statement providing a brief description of examples of loss mitigation
      options that may be available from the servicer ; (iv) If applicable, either application instructions
      or a statement informing the borrower how to obtain more information about loss mitigation options
      from the servicer ; and
    drafter_attestation: Verbatim subsection of 12 CFR §1024.39 from Cornell LII snapshot b07433ccd2b6a743;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.39-v
  canonical_id: reg-x-1024.39-v
  section: 12 CFR §1024.39(v)
  description: '(v): (v) The Web site to access either the Bureau list or the HUD list of homeownership
    counselors or counseling organizations, and the HUD toll-free telephone number to access homeownership
    counselors or counseling organizations. (3) Model clauses. Model clauses MS-4(A), MS-4(B), and MS-4(C),
    in appendi…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.39(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.39
    snapshot_id: b07433ccd2b6a743
    fetched_at: '2026-05-22T11:32:18Z'
    content_hash: sha256:44861510e9ba0f7e02faea4e287ce34d7b8ca89aff46ef785f473ffbfeceea84
    paragraph_quote: (v) The Web site to access either the Bureau list or the HUD list of homeownership
      counselors or counseling organizations, and the HUD toll-free telephone number to access homeownership
      counselors or counseling organizations. (3) Model clauses. Model clauses MS-4(A), MS-4(B), and MS-4(C),
      in appendix MS-4 to this part may be used to comply with the requirements of this paragraph (b).
    drafter_attestation: Verbatim subsection of 12 CFR §1024.39 from Cornell LII snapshot b07433ccd2b6a743;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.39-c
  canonical_id: reg-x-1024.39-c
  section: 12 CFR §1024.39(c)
  description: '(c): (c) Borrowers in bankruptcy —(1) Partial exemption. While any borrower on a mortgage
    loan is a debtor in bankruptcy under title 11 of the United States Code, a servicer , with regard
    to that mortgage loan:'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.39(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.39
    snapshot_id: b07433ccd2b6a743
    fetched_at: '2026-05-22T11:32:18Z'
    content_hash: sha256:44861510e9ba0f7e02faea4e287ce34d7b8ca89aff46ef785f473ffbfeceea84
    paragraph_quote: '(c) Borrowers in bankruptcy —(1) Partial exemption. While any borrower on a mortgage
      loan is a debtor in bankruptcy under title 11 of the United States Code, a servicer , with regard
      to that mortgage loan:'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.39 from Cornell LII snapshot b07433ccd2b6a743;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.39-i
  canonical_id: reg-x-1024.39-i
  section: 12 CFR §1024.39(i)
  description: '(i): (i) Is exempt from the requirements of paragraph (a) of this section; (ii) Is exempt
    from the requirements of paragraph (b) of this section if no loss mitigation option is available,
    or if any borrower on the mortgage loan has provided a notification pursuant to the Fair Debt Collection
    Practices Ac…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.39(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.39
    snapshot_id: b07433ccd2b6a743
    fetched_at: '2026-05-22T11:32:18Z'
    content_hash: sha256:44861510e9ba0f7e02faea4e287ce34d7b8ca89aff46ef785f473ffbfeceea84
    paragraph_quote: '(i) Is exempt from the requirements of paragraph (a) of this section; (ii) Is exempt
      from the requirements of paragraph (b) of this section if no loss mitigation option is available,
      or if any borrower on the mortgage loan has provided a notification pursuant to the Fair Debt Collection
      Practices Act (FDCPA) section 805(c) ( 15 U.S.C. 1692c(c) ) with respect to that mortgage loan as
      referenced in paragraph (d) of this section; and (iii) If the conditions of paragraph (c)(1)(ii)
      of this section are not met, must comply with the requirements of paragraph (b) of this section,
      as modified by this paragraph (c)(1)(iii): (A) If a borrower is delinquent when the borrower becomes
      a debtor in bankruptcy, a servicer must provide the written notice required by paragraph (b) of
      this section not later than the 45th day after the borrower files a bankruptcy petition under title
      11 of the United States Code. If the borrower is not delinquent when the borrower files a bankruptcy
      petition, but subsequently becomes delinquent while a debtor in bankruptcy, the servicer must provide
      the written notice not later than the 45th day of the borrower''s delinquency . A servicer must
      comply with these timing requirements regardless of whether the servicer provided the written notice
      in the preceding 180-day period. (B) The written notice required by paragraph (b) of this section
      may not contain a request for payment. (C) A servicer is not required to provide the written notice
      required by paragraph (b) of this section more than once during a single bankruptcy case. (2) Resuming
      compliance.'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.39 from Cornell LII snapshot b07433ccd2b6a743;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.39-i
  canonical_id: reg-x-1024.39-i
  section: 12 CFR §1024.39(i)
  description: '(i): (i) Except as provided in paragraph (c)(2)(ii) of this section, a servicer that was
    exempt from paragraphs (a) and (b) of this section pursuant to paragraph (c)(1) of this section must
    resume compliance with paragraphs (a) and (b) of this section after the next payment due date that
    follows the earl…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.39(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.39
    snapshot_id: b07433ccd2b6a743
    fetched_at: '2026-05-22T11:32:18Z'
    content_hash: sha256:44861510e9ba0f7e02faea4e287ce34d7b8ca89aff46ef785f473ffbfeceea84
    paragraph_quote: '(i) Except as provided in paragraph (c)(2)(ii) of this section, a servicer that
      was exempt from paragraphs (a) and (b) of this section pursuant to paragraph (c)(1) of this section
      must resume compliance with paragraphs (a) and (b) of this section after the next payment due date
      that follows the earliest of the following events: (A) The bankruptcy case is dismissed; (B) The
      bankruptcy case is closed; and (C) The borrower reaffirms personal liability for the mortgage loan
      . (ii) With respect to a mortgage loan for which the borrower has discharged personal liability
      pursuant to 11 U.S.C. 727 , 1141 , 1228 , or 1328 , a servicer: (A) Is not required to resume compliance
      with paragraph (a) of this section; and (B) Must resume compliance with paragraph (b) of this section
      if the borrower has made any partial or periodic payment on the mortgage loan after the commencement
      of the borrower''s bankruptcy case.'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.39 from Cornell LII snapshot b07433ccd2b6a743;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.39-d
  canonical_id: reg-x-1024.39-d
  section: 12 CFR §1024.39(d)
  description: '(d): (d) Fair Debt Collection Practices Act — partial exemption. With regard to a mortgage
    loan for which any borrower has provided a notification pursuant to the Fair Debt Collection Practices
    Act (FDCPA) section 805(c) ( 15 U.S.C. 1692c(c) ), a servicer subject to the FDCPA with respect to
    that borrowe…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.39(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.39
    snapshot_id: b07433ccd2b6a743
    fetched_at: '2026-05-22T11:32:18Z'
    content_hash: sha256:44861510e9ba0f7e02faea4e287ce34d7b8ca89aff46ef785f473ffbfeceea84
    paragraph_quote: '(d) Fair Debt Collection Practices Act — partial exemption. With regard to a mortgage
      loan for which any borrower has provided a notification pursuant to the Fair Debt Collection Practices
      Act (FDCPA) section 805(c) ( 15 U.S.C. 1692c(c) ), a servicer subject to the FDCPA with respect
      to that borrower''s loan: (1) Is exempt from the requirements of paragraph (a) of this section;
      (2) Is exempt from the requirements of paragraph (b) of this section if no loss mitigation option
      is available, or while any borrower on that mortgage loan is a debtor in bankruptcy under title
      11 of the United States Code as referenced in paragraph (c) of this section; and (3) If the conditions
      of paragraph (d)(2) of this section are not met, must comply with the requirements of paragraph
      (b) of this section, as modified by this paragraph (d)(3):'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.39 from Cornell LII snapshot b07433ccd2b6a743;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.39-i
  canonical_id: reg-x-1024.39-i
  section: 12 CFR §1024.39(i)
  description: '(i): (i) In addition to the information required pursuant to paragraph (b)(2) of this
    section, the written notice must include a statement that the servicer may or intends to invoke its
    specified remedy of foreclosure. Model clause MS-4(D) in appendix MS-4 to this part may be used to
    comply with this req…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.39(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.39
    snapshot_id: b07433ccd2b6a743
    fetched_at: '2026-05-22T11:32:18Z'
    content_hash: sha256:44861510e9ba0f7e02faea4e287ce34d7b8ca89aff46ef785f473ffbfeceea84
    paragraph_quote: (i) In addition to the information required pursuant to paragraph (b)(2) of this
      section, the written notice must include a statement that the servicer may or intends to invoke
      its specified remedy of foreclosure. Model clause MS-4(D) in appendix MS-4 to this part may be used
      to comply with this requirement. (ii) The written notice may not contain a request for payment.
      (iii) A servicer is prohibited from providing the written notice more than once during any 180-day
      period. If a borrower is 45 days or more delinquent at the end of any 180-day period after the servicer
      has provided the written notice, a servicer must provide the written notice again no later than
      190 days after the provision of the prior written notice. If a borrower is less than 45 days delinquent
      at the end of any 180-day period after the servicer has provided the written notice, a servicer
      must provide the written notice again no later than 45 days after the payment due date for which
      the borrower remains delinquent or 190 days after the provision of the prior written notice, whichever
      is later. [ 78 FR 10876 , Feb. 14, 2013, as amended at 78 FR 60437 , Oct. 1, 2013; 78 FR 63004 ,
      Oct. 23, 2013; 81 FR 72373 , Oct. 19, 2016; 82 FR 47957 , Oct. 16, 2017; 86 FR 34899 , June 30,
      2021; 90 FR 20792 , May 16, 2025] Fair Debt Collection Practices Act 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 §1024.39 from Cornell LII snapshot b07433ccd2b6a743;
      body isolated between nav and notes; substring-verified.
  judgment: false
