source:
  type: regulation
  id: reg-x-1024.35
  authority: 12 CFR §1024.35 — Error resolution procedures
  description: 'Regulation X §1024.35 sets the procedural framework for servicer

    response to written borrower notices of error: 5-day acknowledgment,

    30-day response (7-day for payoff errors; earlier of pre-sale or

    30-day for foreclosure-related errors), 15-day extension for general

    errors, 60-day adverse-credit-furnishing ban.

    '
obligations:
- id: reg-x-1024.35-a
  canonical_id: reg-x-1024.35-a
  section: 12 CFR §1024.35(a)
  description: '(a): (a) Notice of error. A servicer shall comply with the requirements of this section
    for any written notice from the borrower that asserts an error and that includes the name of the borrower,
    information that enables the servicer to identify the borrower''s mortgage loan account, and the error
    the borr…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.35(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.35
    snapshot_id: 9a4a1f73448b9424
    fetched_at: '2026-05-22T18:25:01Z'
    content_hash: sha256:f92dd411c4ce9f80c10658ad93365d7be25282fd7e2f32a5ee89bc62228eea9c
    paragraph_quote: (a) Notice of error. A servicer shall comply with the requirements of this section
      for any written notice from the borrower that asserts an error and that includes the name of the
      borrower, information that enables the servicer to identify the borrower's mortgage loan account,
      and the error the borrower believes has occurred. A notice on a payment coupon or other payment
      form supplied by the servicer need not be treated by the servicer as a notice of error. A qualified
      written request that asserts an error relating to the servicing of a mortgage loan is a notice of
      error for purposes of this section, and a servicer must comply with all requirements applicable
      to a notice of error with respect to such qualified written request .
    drafter_attestation: Verbatim subsection of 12 CFR §1024.35 from Cornell LII snapshot 9a4a1f73448b9424;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.35-b
  canonical_id: reg-x-1024.35-b
  section: 12 CFR §1024.35(b)
  description: '(b): (b) Scope of error resolution. For purposes of this section, the term “error” refers
    to the following categories of covered errors: (1) Failure to accept a payment that conforms to the
    servicer ''s written requirements for the borrower to follow in making payments. (2) Failure to apply
    an accepted pa…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.35(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.35
    snapshot_id: 9a4a1f73448b9424
    fetched_at: '2026-05-22T18:25:01Z'
    content_hash: sha256:f92dd411c4ce9f80c10658ad93365d7be25282fd7e2f32a5ee89bc62228eea9c
    paragraph_quote: '(b) Scope of error resolution. For purposes of this section, the term “error” refers
      to the following categories of covered errors: (1) Failure to accept a payment that conforms to
      the servicer ''s written requirements for the borrower to follow in making payments. (2) Failure
      to apply an accepted payment to principal, interest, escrow, or other charges under the terms of
      the mortgage loan and applicable law. (3) Failure to credit a payment to a borrower''s mortgage
      loan account as of the date of receipt in violation of 12 CFR 1026.36 (c)(1). (4) Failure to pay
      taxes, insurance premiums, or other charges, including charges that the borrower and servicer have
      voluntarily agreed that the servicer should collect and pay, in a timely manner as required by §
      1024.34(a) , or to refund an escrow account balance as required by § 1024.34(b) . (5) Imposition
      of a fee or charge that the servicer lacks a reasonable basis to impose upon the borrower. (6) Failure
      to provide an accurate payoff balance amount upon a borrower''s request in violation of section
      12 CFR 1026.36 (c)(3). (7) Failure to provide accurate information to a borrower regarding loss
      mitigation options and foreclosure, as required by § 1024.39 . (8) Failure to transfer accurately
      and timely information relating to the servicing of a borrower''s mortgage loan account to a transferee
      servicer . (9) Making the first notice or filing required by applicable law for any judicial or
      non-judicial foreclosure process in violation of § 1024.41(f) or (j). (10) Moving for foreclosure
      judgment or order of sale, or conducting a foreclosure sale in violation of § 1024.41(g) or (j).
      (11) Any other error relating to the servicing of a borrower''s mortgage loan .'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.35 from Cornell LII snapshot 9a4a1f73448b9424;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.35-c
  canonical_id: reg-x-1024.35-c
  section: 12 CFR §1024.35(c)
  description: '(c): (c) Contact information for borrowers to assert errors. A servicer may, by written
    notice provided to a borrower, establish an address that a borrower must use to submit a notice of
    error in accordance with the procedures in this section. The notice shall include a statement that
    the borrower must u…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.35(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.35
    snapshot_id: 9a4a1f73448b9424
    fetched_at: '2026-05-22T18:25:01Z'
    content_hash: sha256:f92dd411c4ce9f80c10658ad93365d7be25282fd7e2f32a5ee89bc62228eea9c
    paragraph_quote: (c) Contact information for borrowers to assert errors. A servicer may, by written
      notice provided to a borrower, establish an address that a borrower must use to submit a notice
      of error in accordance with the procedures in this section. The notice shall include a statement
      that the borrower must use the established address to assert an error. If a servicer designates
      a specific address for receiving notices of error, the servicer shall designate the same address
      for receiving information requests pursuant to § 1024.36(b) . A servicer shall provide a written
      notice to a borrower before any change in the address used for receiving a notice of error. A servicer
      that designates an address for receipt of notices of error must post the designated address on any
      Web site maintained by the servicer if the Web site lists any contact address for the servicer .
    drafter_attestation: Verbatim subsection of 12 CFR §1024.35 from Cornell LII snapshot 9a4a1f73448b9424;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.35-d
  canonical_id: reg-x-1024.35-d
  section: 12 CFR §1024.35(d)
  description: '(d): (d) Acknowledgment of receipt. Within five days (excluding legal public holi days
    , Satur days , and Sun days ) of a servicer receiving a notice of error from a borrower, the servicer
    shall provide to the borrower a written response acknowledging receipt of the notice of error.'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.35(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.35
    snapshot_id: 9a4a1f73448b9424
    fetched_at: '2026-05-22T18:25:01Z'
    content_hash: sha256:f92dd411c4ce9f80c10658ad93365d7be25282fd7e2f32a5ee89bc62228eea9c
    paragraph_quote: (d) Acknowledgment of receipt. Within five days (excluding legal public holi days
      , Satur days , and Sun days ) of a servicer receiving a notice of error from a borrower, the servicer
      shall provide to the borrower a written response acknowledging receipt of the notice of error.
    drafter_attestation: Verbatim subsection of 12 CFR §1024.35 from Cornell LII snapshot 9a4a1f73448b9424;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.35-e
  canonical_id: reg-x-1024.35-e
  section: 12 CFR §1024.35(e)
  description: '(e): (e) Response to notice of error —(1) Investigation and response requirements —(i)
    In general. Except as provided in paragraphs (f) and (g) of this section, a servicer must respond
    to a notice of error by either: (A) Correcting the error or errors identified by the borrower and
    providing the borrower…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.35(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.35
    snapshot_id: 9a4a1f73448b9424
    fetched_at: '2026-05-22T18:25:01Z'
    content_hash: sha256:f92dd411c4ce9f80c10658ad93365d7be25282fd7e2f32a5ee89bc62228eea9c
    paragraph_quote: '(e) Response to notice of error —(1) Investigation and response requirements —(i)
      In general. Except as provided in paragraphs (f) and (g) of this section, a servicer must respond
      to a notice of error by either: (A) Correcting the error or errors identified by the borrower and
      providing the borrower with a written notification of the correction, the effective date of the
      correction, and contact information, including a telephone number, for further assistance; or (B)
      Conducting a reasonable investigation and providing the borrower with a written notification that
      includes a statement that the servicer has determined that no error occurred, a statement of the
      reason or reasons for this determination, a statement of the borrower''s right to request documents
      relied upon by the servicer in reaching its determination, information regarding how the borrower
      can request such documents, and contact information, including a telephone number, for further assistance.
      (ii) Different or additional error. If during a reasonable investigation of a notice of error, a
      servicer concludes that errors occurred other than, or in addition to, the error or errors alleged
      by the borrower, the servicer shall correct all such additional errors and provide the borrower
      with a written notification that describes the errors the servicer identified, the action taken
      to correct the errors, the effective date of the correction, and contact information, including
      a telephone number, for further assistance. (2) Requesting information from borrower. A servicer
      may request supporting documentation from a borrower in connection with the investigation of an
      asserted error, but may not:'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.35 from Cornell LII snapshot 9a4a1f73448b9424;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.35-i
  canonical_id: reg-x-1024.35-i
  section: 12 CFR §1024.35(i)
  description: '(i): (i) Require a borrower to provide such information as a condition of investigating
    an asserted error; or (ii) Determine that no error occurred because the borrower failed to provide
    any requested information without conducting a reasonable investigation pursuant to paragraph (e)(1)(i)(B)
    of this sec…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.35(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.35
    snapshot_id: 9a4a1f73448b9424
    fetched_at: '2026-05-22T18:25:01Z'
    content_hash: sha256:f92dd411c4ce9f80c10658ad93365d7be25282fd7e2f32a5ee89bc62228eea9c
    paragraph_quote: '(i) Require a borrower to provide such information as a condition of investigating
      an asserted error; or (ii) Determine that no error occurred because the borrower failed to provide
      any requested information without conducting a reasonable investigation pursuant to paragraph (e)(1)(i)(B)
      of this section. (3) Time limits —(i) In general. A servicer must comply with the requirements of
      paragraph (e)(1) of this section: (A) Not later than seven days (excluding legal public holi days
      , Satur days , and Sun days ) after the servicer receives the notice of error for errors asserted
      under paragraph (b)(6) of this section. (B) Prior to the date of a foreclosure sale or within 30
      days (excluding legal public holi days , Satur days , and Sun days ) after the servicer receives
      the notice of error, whichever is earlier, for errors asserted under paragraphs (b)(9) and (10)
      of this section. (C) For all other asserted errors, not later than 30 days (excluding legal public
      holi days , Satur days , and Sun days ) after the servicer receives the applicable notice of error.
      (ii) Extension of time limit. For asserted errors governed by the time limit set forth in paragraph
      (e)(3)(i)(C) of this section, a servicer may extend the time period for responding by an additional
      15 days (excluding legal public holi days , Satur days , and Sun days ) if, before the end of the
      30-day period, the servicer notifies the borrower of the extension and the reasons for the extension
      in writing. A servicer may not extend the time period for responding to errors asserted under paragraph
      (b)(6), (9), or (10) of this section. (4) Copies of documentation. A servicer shall provide to the
      borrower, at no charge, copies of documents and information relied upon by the servicer in making
      its determination that no error occurred within 15 days (excluding legal public holi days , Satur
      days , and Sun days ) of receiving the borrower''s request for such documents. A servicer is not
      required to provide documents relied upon that constitute confidential, proprietary or privileged
      information. If a servicer withholds documents relied upon because it has determined that such documents
      constitute confidential, proprietary or privileged information, the servicer must notify the borrower
      of its determination in writing within 15 days (excluding legal public holi days , Satur days ,
      and Sun days ) of receipt of the borrower''s request for such documents. (5) Omissions in responses
      to requests for documentation. In its response to a request for documentation under paragraph (e)(4)
      of this section, a servicer may omit location and contact information and personal financial information
      (other than information about the terms, status, and payment history of the mortgage loan) if:'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.35 from Cornell LII snapshot 9a4a1f73448b9424;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.35-i
  canonical_id: reg-x-1024.35-i
  section: 12 CFR §1024.35(i)
  description: '(i): (i) The information pertains to a potential or confirmed successor in interest who
    is not the requester; or (ii) The requester is a confirmed successor in interest and the information
    pertains to any borrower who is not the requester.'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.35(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.35
    snapshot_id: 9a4a1f73448b9424
    fetched_at: '2026-05-22T18:25:01Z'
    content_hash: sha256:f92dd411c4ce9f80c10658ad93365d7be25282fd7e2f32a5ee89bc62228eea9c
    paragraph_quote: (i) The information pertains to a potential or confirmed successor in interest who
      is not the requester; or (ii) The requester is a confirmed successor in interest and the information
      pertains to any borrower who is not the requester.
    drafter_attestation: Verbatim subsection of 12 CFR §1024.35 from Cornell LII snapshot 9a4a1f73448b9424;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.35-f
  canonical_id: reg-x-1024.35-f
  section: 12 CFR §1024.35(f)
  description: '(f): (f) Alternative compliance —(1) Early correction. A servicer is not required to comply
    with paragraphs (d) and (e) of this section if the servicer corrects the error or errors asserted
    by the borrower and notifies the borrower of that correction in writing within five days (excluding
    legal public ho…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.35(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.35
    snapshot_id: 9a4a1f73448b9424
    fetched_at: '2026-05-22T18:25:01Z'
    content_hash: sha256:f92dd411c4ce9f80c10658ad93365d7be25282fd7e2f32a5ee89bc62228eea9c
    paragraph_quote: (f) Alternative compliance —(1) Early correction. A servicer is not required to comply
      with paragraphs (d) and (e) of this section if the servicer corrects the error or errors asserted
      by the borrower and notifies the borrower of that correction in writing within five days (excluding
      legal public holi days , Satur days , and Sun days ) of receiving the notice of error. (2) Error
      asserted before foreclosure sale. A servicer is not required to comply with the requirements of
      paragraphs (d) and (e) of this section for errors asserted under paragraph (b)(9) or (10) of this
      section if the servicer receives the applicable notice of an error seven or fewer days before a
      foreclosure sale. For any such notice of error, a servicer shall make a good faith attempt to respond
      to the borrower, orally or in writing, and either correct the error or state the reason the servicer
      has determined that no error has occurred.
    drafter_attestation: Verbatim subsection of 12 CFR §1024.35 from Cornell LII snapshot 9a4a1f73448b9424;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.35-g
  canonical_id: reg-x-1024.35-g
  section: 12 CFR §1024.35(g)
  description: '(g): (g) Requirements not applicable —(1) In general. A servicer is not required to comply
    with the requirements of paragraphs (d), (e), and (i) of this section if the servicer reasonably determines
    that any of the following apply:'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.35(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.35
    snapshot_id: 9a4a1f73448b9424
    fetched_at: '2026-05-22T18:25:01Z'
    content_hash: sha256:f92dd411c4ce9f80c10658ad93365d7be25282fd7e2f32a5ee89bc62228eea9c
    paragraph_quote: '(g) Requirements not applicable —(1) In general. A servicer is not required to comply
      with the requirements of paragraphs (d), (e), and (i) of this section if the servicer reasonably
      determines that any of the following apply:'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.35 from Cornell LII snapshot 9a4a1f73448b9424;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.35-i
  canonical_id: reg-x-1024.35-i
  section: 12 CFR §1024.35(i)
  description: '(i): (i) Duplicative notice of error. The asserted error is substantially the same as
    an error previously asserted by the borrower for which the servicer has previously complied with its
    obligation to respond pursuant to paragraphs (d) and (e) of this section, unless the borrower provides
    new and materia…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.35(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.35
    snapshot_id: 9a4a1f73448b9424
    fetched_at: '2026-05-22T18:25:01Z'
    content_hash: sha256:f92dd411c4ce9f80c10658ad93365d7be25282fd7e2f32a5ee89bc62228eea9c
    paragraph_quote: '(i) Duplicative notice of error. The asserted error is substantially the same as
      an error previously asserted by the borrower for which the servicer has previously complied with
      its obligation to respond pursuant to paragraphs (d) and (e) of this section, unless the borrower
      provides new and material information to support the asserted error. New and material information
      means information that was not reviewed by the servicer in connection with investigating a prior
      notice of the same error and is reasonably likely to change the servicer ''s prior determination
      about the error. (ii) Overbroad notice of error. The notice of error is overbroad. A notice of error
      is overbroad if the servicer cannot reasonably determine from the notice of error the specific error
      that the borrower asserts has occurred on a borrower''s account. To the extent a servicer can reasonably
      identify a valid assertion of an error in a notice of error that is otherwise overbroad, the servicer
      shall comply with the requirements of paragraphs (d), (e) and (i) of this section with respect to
      that asserted error. (iii) Untimely notice of error. A notice of error is delivered to the servicer
      more than one year after: (A) Servicing for the mortgage loan that is the subject of the asserted
      error was transferred from the servicer receiving the notice of error to a transferee servicer ;
      or (B) The mortgage loan is discharged. (2) Notice to borrower. If a servicer determines that, pursuant
      to this paragraph (g), the servicer is not required to comply with the requirements of paragraphs
      (d), (e), and (i) of this section, the servicer shall notify the borrower of its determination in
      writing not later than five days (excluding legal public holi days , Satur days , and Sun days )
      after making such determination. The notice to the borrower shall set forth the basis under paragraph
      (g)(1) of this section upon which the servicer has made such determination.'
    drafter_attestation: Verbatim subsection of 12 CFR §1024.35 from Cornell LII snapshot 9a4a1f73448b9424;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.35-h
  canonical_id: reg-x-1024.35-h
  section: 12 CFR §1024.35(h)
  description: '(h): (h) Payment requirements prohibited. A servicer shall not charge a fee, or require
    a borrower to make any payment that may be owed on a borrower''s account, as a condition of responding
    to a notice of error.'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.35(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.35
    snapshot_id: 9a4a1f73448b9424
    fetched_at: '2026-05-22T18:25:01Z'
    content_hash: sha256:f92dd411c4ce9f80c10658ad93365d7be25282fd7e2f32a5ee89bc62228eea9c
    paragraph_quote: (h) Payment requirements prohibited. A servicer shall not charge a fee, or require
      a borrower to make any payment that may be owed on a borrower's account, as a condition of responding
      to a notice of error.
    drafter_attestation: Verbatim subsection of 12 CFR §1024.35 from Cornell LII snapshot 9a4a1f73448b9424;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-x-1024.35-i
  canonical_id: reg-x-1024.35-i
  section: 12 CFR §1024.35(i)
  description: '(i): (i) Effect on servicer remedies —(1) Adverse information. After receipt of a notice
    of error, a servicer may not, for 60 days, furnish adverse information to any consumer reporting agency
    regarding any payment that is the subject of the notice of error. (2) Remedies permitted. Except as
    set forth in…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1024.35(a)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1024.35
    snapshot_id: 9a4a1f73448b9424
    fetched_at: '2026-05-22T18:25:01Z'
    content_hash: sha256:f92dd411c4ce9f80c10658ad93365d7be25282fd7e2f32a5ee89bc62228eea9c
    paragraph_quote: (i) Effect on servicer remedies —(1) Adverse information. After receipt of a notice
      of error, a servicer may not, for 60 days, furnish adverse information to any consumer reporting
      agency regarding any payment that is the subject of the notice of error. (2) Remedies permitted.
      Except as set forth in this section with respect to an assertion of error under paragraph (b)(9)
      or (10) of this section, nothing in this section shall limit or restrict a lender or servicer from
      pursuing any remedy it has under applicable law, including initiating foreclosure or proceeding
      with a foreclosure sale. [ 78 FR 10876 , Feb. 14, 2013, as amended at 78 FR 60437 , Oct. 1, 2013;
      81 FR 72371 , Oct. 19, 2016] 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 §1024.35 from Cornell LII snapshot 9a4a1f73448b9424;
      body isolated between nav and notes; substring-verified.
  judgment: false
