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Mortgage Assignment Laws and Definition

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  What is a Mortgage Assignment?

A mortgage is a legal agreement. Under this agreement, a bank or other lending institution provides a loan to an individual seeking to finance a home purchase. The lender is referred to as a creditor. The person who finances the home owes money to the bank, and is referred to as the debtor.

To make money, the bank charges interest on the loan. To ensure the debtor pays the loan, the bank takes a security interest in what the loan is financing — the home itself. If the buyer fails to pay the loan, the bank can take the property through a foreclosure proceeding.

There are two main documents involved in a mortgage agreement. The document setting the financial terms and conditions of repayment is known as the mortgage note. The bank is the owner of the note. The note is secured by the mortgage. This means if the debtor does not make payment on the note, the bank may foreclose on the home. 

The document describing the mortgaged property is called the mortgage agreement. In the mortgage agreement, the debtor agrees to make payments under the note, and agrees that if payment is not made, the bank may institute foreclosure proceedings and take the home as collateral .

An assignment of a mortgage refers to an assignment of the note and assignment of the mortgage agreement. Both the note and the mortgage can be assigned. To assign the note and mortgage is to transfer ownership of the note and mortgage. Once the note is assigned, the person to whom it is assigned, the assignee, can collect payment under the note. 

Assignment of the mortgage agreement occurs when the mortgagee (the bank or lender) transfers its rights under the agreement to another party. That party is referred to as the assignee, and receives the right to enforce the agreement’s terms against the assignor, or debtor (also called the “mortgagor”). 

What are the Requirements for Executing a Mortgage Assignment?

What are some of the benefits and drawbacks of mortgage assignments, are there any defenses to mortgage assignments, do i need to hire an attorney for help with a mortgage assignment.

For a mortgage to be validly assigned, the assignment document (the document formally assigning ownership from one person to another) must contain:

• The current assignor name.
• The name of the assignee.
• The current borrower or borrowers’ names. 
• A description of the mortgage, including date of execution of the mortgage agreement, the amount of the loan that remains, and a reference to where the mortgage was initially recorded. A mortgage is recorded in the office of a county clerk, in an index, typically bearing a volume or page number. The reference to where the mortgage was recorded should include the date of recording, volume, page number, and county of recording.
• A description of the property. The description must be a legal description that unambiguously and completely describes the boundaries of the property.

There are several types of assignments of mortgage. These include a corrective assignment of mortgage, a corporate assignment of mortgage, and a mers assignment of mortgage. A corrective assignment corrects or amends a defect or mistake in the original assignment. A corporate assignment is an assignment of the mortgage from one corporation to another. 

A mers assignment involves the Mortgage Electronic Registration System (MERS). Mortgages often designate MERS as a nominee (agent for) the lender. When the lender assigns a mortgage to MERS, MERS does not actually receive ownership of the note or mortgage agreement. Instead, MERS tracks the mortgage as the mortgage is assigned from bank to bank. 

An advantage of a mortgage assignment is that the assignment permits buyers interested in purchasing a home, to do so without having to obtain a loan from a financial institution. The buyer, through an assignment from the current homeowner, assumes the rights and responsibilities under the mortgage. 

A disadvantage of a mortgage assignment is the consequences of failing to record it. Under most state laws, an entity seeking to institute foreclosure proceedings must record the assignment before it can do so. If a mortgage is not recorded, the judge will dismiss the foreclosure proceeding. 

Failure to observe mortgage assignment procedure can be used as a defense by a homeowner in a foreclosure proceeding. Before a bank can institute a foreclosure proceeding, the bank must record the assignment of the note. The bank must also be in actual possession of the note. 

If the bank fails to “produce the note,” that is, cannot demonstrate that the note was assigned to it, the bank cannot demonstrate it owns the note. Therefore, it lacks legal standing to commence a foreclosure proceeding.

If you need help with preparing an assignment of mortgage, you should contact a mortgage lawyer . An experienced mortgage lawyer near you can assist you with preparing and recording the document.

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Prior to joining LegalMatch, Daniel worked as a legal editor for a large HR Compliance firm, focusing on employer compliance in numerous areas of the law including workplace safety law, health care law, wage and hour law, and cybersecurity. Prior to that, Daniel served as a litigator for several small law firms, handling a diverse caseload that included cases in Real Estate Law (property ownership rights, residential landlord/tenant disputes, foreclosures), Employment Law (minimum wage and overtime claims, discrimination, workers’ compensation, labor-management relations), Construction Law, and Commercial Law (consumer protection law and contracts). Daniel holds a J.D. from the Emory University School of Law and a B.S. in Biological Sciences from Cornell University. He is admitted to practice law in the State of New York and before the State Bar of Georgia. Daniel is also admitted to practice before the United States Courts of Appeals for both the 2nd and 11th Circuits. You can learn more about Daniel by checking out his Linkedin profile and his personal page. Read More

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Understanding the Assignment of Mortgages: What You Need To Know

3 minute read • Upsolve is a nonprofit that helps you get out of debt with education and free debt relief tools, like our bankruptcy filing tool.  Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card.  Explore our free tool

A mortgage is a legally binding agreement between a home buyer and a lender that dictates a borrower's ability to pay off a loan. Every mortgage has an interest rate, a term length, and specific fees attached to it.

Written by Attorney Todd Carney .  Updated November 26, 2021

If you’re like most people who want to purchase a home, you’ll start by going to a bank or other lender to get a mortgage loan. Though you can choose your lender, after the mortgage loan is processed, your mortgage may be transferred to a different mortgage servicer . A transfer is also called an assignment of the mortgage. 

No matter what it’s called, this change of hands may also change who you’re supposed to make your house payments to and how the foreclosure process works if you default on your loan. That’s why if you’re a homeowner, it’s important to know how this process works. This article will provide an in-depth look at what an assignment of a mortgage entails and what impact it can have on homeownership.

Assignment of Mortgage – The Basics

When your original lender transfers your mortgage account and their interests in it to a new lender, that’s called an assignment of mortgage. To do this, your lender must use an assignment of mortgage document. This document ensures the loan is legally transferred to the new owner. It’s common for mortgage lenders to sell the mortgages to other lenders. Most lenders assign the mortgages they originate to other lenders or mortgage buyers.

Home Loan Documents

When you get a loan for a home or real estate, there will usually be two mortgage documents. The first is a mortgage or, less commonly, a deed of trust . The other is a promissory note. The mortgage or deed of trust will state that the mortgaged property provides the security interest for the loan. This basically means that your home is serving as collateral for the loan. It also gives the loan servicer the right to foreclose if you don’t make your monthly payments. The promissory note provides proof of the debt and your promise to pay it.

When a lender assigns your mortgage, your interests as the mortgagor are given to another mortgagee or servicer. Mortgages and deeds of trust are usually recorded in the county recorder’s office. This office also keeps a record of any transfers. When a mortgage is transferred so is the promissory note. The note will be endorsed or signed over to the loan’s new owner. In some situations, a note will be endorsed in blank, which turns it into a bearer instrument. This means whoever holds the note is the presumed owner.

Using MERS To Track Transfers

Banks have collectively established the Mortgage Electronic Registration System , Inc. (MERS), which keeps track of who owns which loans. With MERS, lenders are no longer required to do a separate assignment every time a loan is transferred. That’s because MERS keeps track of the transfers. It’s crucial for MERS to maintain a record of assignments and endorsements because these land records can tell who actually owns the debt and has a legal right to start the foreclosure process.

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Assignment of Mortgage Requirements and Effects

The assignment of mortgage needs to include the following:

The original information regarding the mortgage. Alternatively, it can include the county recorder office’s identification numbers. 

The borrower’s name.

The mortgage loan’s original amount.

The date of the mortgage and when it was recorded.

Usually, there will also need to be a legal description of the real property the mortgage secures, but this is determined by state law and differs by state.

Notice Requirements

The original lender doesn’t need to provide notice to or get permission from the homeowner prior to assigning the mortgage. But the new lender (sometimes called the assignee) has to send the homeowner some form of notice of the loan assignment. The document will typically provide a disclaimer about who the new lender is, the lender’s contact information, and information about how to make your mortgage payment. You should make sure you have this information so you can avoid foreclosure.

Mortgage Terms

When an assignment occurs your loan is transferred, but the initial terms of your mortgage will stay the same. This means you’ll have the same interest rate, overall loan amount, monthly payment, and payment due date. If there are changes or adjustments to the escrow account, the new lender must do them under the terms of the original escrow agreement. The new lender can make some changes if you request them and the lender approves. For example, you may request your new lender to provide more payment methods.

Taxes and Insurance

If you have an escrow account and your mortgage is transferred, you may be worried about making sure your property taxes and homeowners insurance get paid. Though you can always verify the information, the original loan servicer is responsible for giving your local tax authority the new loan servicer’s address for tax billing purposes. The original lender is required to do this after the assignment is recorded. The servicer will also reach out to your property insurance company for this reason.  

If you’ve received notice that your mortgage loan has been assigned, it’s a good idea to reach out to your loan servicer and verify this information. Verifying that all your mortgage information is correct, that you know who to contact if you have questions about your mortgage, and that you know how to make payments to the new servicer will help you avoid being scammed or making payments incorrectly.

Let's Summarize…

In a mortgage assignment, your original lender or servicer transfers your mortgage account to another loan servicer. When this occurs, the original mortgagee or lender’s interests go to the next lender. Even if your mortgage gets transferred or assigned, your mortgage’s terms should remain the same. Your interest rate, loan amount, monthly payment, and payment schedule shouldn’t change. 

Your original lender isn’t required to notify you or get your permission prior to assigning your mortgage. But you should receive correspondence from the new lender after the assignment. It’s important to verify any change in assignment with your original loan servicer before you make your next mortgage payment, so you don’t fall victim to a scam.

Attorney Todd Carney

Attorney Todd Carney is a writer and graduate of Harvard Law School. While in law school, Todd worked in a clinic that helped pro-bono clients file for bankruptcy. Todd also studied several aspects of how the law impacts consumers. Todd has written over 40 articles for sites such... read more about Attorney Todd Carney

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The Five Major Assignment Errors And How To Avoid Them

In theory, an assignment seems like a benign and foolproof item. In reality, however, an assignment can be the launching point for a surplus of problems. Indeed, assignments that are handled in the Keynesian notion of being merely ‘roughly right’ can bring endless anxiety into a servicer's life.

For servicers that prefer existing in a stress-free working environment, there are five key assignment-related errors that need to be avoided at all costs.

Identity crises

On the surface, the basic principle of an assignment does not seem very confusing.

‘An assignment is simply a document that evidences the transfer of a loan from one party to another,’ says Alice P. Sorensen, chief operating officer at Orange, Calif.-based LRES Corp. ‘Think of it as a birth certificate that travels with the loan for the rest of its life.’

However, Sorensen notes that the first major mistake can occur at the very beginning of the process if the assignment has erroneous data.

‘Clerically incorrect information will create grand grief for some future servicers,’ she says.

Equally problematic is the absence of crucial data.

‘There is a problem if the servicer leaves blank the name of assignees,’ says Myron Finley, chief legal officer and general counsel of Nationwide Title Clearing, based in Safety Harbor, Fla. ‘There are problems filling in blanks after the document is already signed and notarized. That opens doors to allegations of mortgage fraud.’

Finley adds that it is vital to know the lender of record associated with the assignment. ‘If you don't know who the lender of record is, it undercuts everything you do at the assignment,’ he says.

Cindy Gainsforth, executive vice president at Pasadena, Calif.-based Rekon Technologies, states that a missing chain of assignment is also a major error.

‘This happens because either the servicer did not record the assignment, or it was left in a file with the belief that whoever buys it would assign it,’ she says.

On the cheap

Over the past few years, the costs of mortgage servicing have climbed dramatically. Not surprisingly, many servicing operations are eager to keep their expenses low. And this is where the second key problem in assignments occurs.

‘The biggest mistake, in my opinion, is not recording the assignment when a trade takes place as a means of reducing your transfer costs,’ says Sorensen. ‘It is foolish to think that you do not need to record an assignment until you do your next trade. In fact, the failure to record will expose you to tremendous title issues.’

Mike Wileman, president and CEO of Orion Financial Group, based in Southlake, Texas, believes that some servicers mistakenly assume they will save money by not outsourcing this process.

‘Too many people try to do assignments in-house,’ he observes. ‘But if they are not prepared to do them properly, it costs two to three times the work. People try to save a few pennies, but it creates more problems down the road.’

Local tastes

Even if the in-house assignment process is free of mistakes, there are still plenty of problems when it comes to dealing with the county registrars.

‘Many of the counties are antiquated in the technology they use,’ says Sorensen. ‘They cannot keep up with the volume of trades that take place.’

Gainsforth warns that servicers need to realize that there is no uniform standard in assignment registrations.

‘Some servicers think they can just create a template,’ she says. ‘But there are more than 3,600 recording districts in the U.S., and they have different recording requirements. Some districts are very particular at how assignments are created.’

Scott Goldstein, president and CEO of Farmington Hills, Mich.-based National Default Exchange LP, concurs.

‘Some counties want their own font size and margin size,’ he says. ‘Some want to have a name printed under the signature, and some don't want a name printed under the signature.’

There are also distinctive assignment requirements at a state level.

‘In Mississippi, there is a new requirement that a borrower's name and phone number appear on every document,’ says Finley. ‘Some people feel that goes too far and can lead to invasion of privacy concerns. So, in Mississippi, you can leave the phone number off for an extra $10 fee. But various counties in the state interpret that requirement differently.’

Finley adds that South Carolina has its own unique requirements regarding who witnesses the assignment.

‘In South Carolina, a notary has to have his or her signature witnessed as well,’ he says. ‘If you are not aware of that, your assignment gets rejected.’

Le mystere du MERS

Another key assignment problem involves the Mortgage Electronic Registration Systems (MERS).

‘One of the biggest issues today in assignments is the large quantity of assignments servicers have to prepare in the event of default,’ says Gainsforth. ‘Due to MERS' ruling that legal action cannot be filed in MERS' name, plus the increased rate of default in the past few years, servicers experienced a spike in volume that they did not anticipate and did not have the experienced staff to manage.

‘As a result,’ she continues, ‘backlogs in assignments were created, delaying the foreclosure process. This resulted in monetary loss in the form of fines from MERS and/or investors. MERS imposes a $10,000 fine for each legal action filed in MERS' name, while investors impose daily curtailments when foreclosures are delayed.’

‘MERS is still not well understood, even in the industry,’ says Finley. ‘There is also the question of the MERS identification number – sometimes it is not on the assignment when it gets recorded, or the wrong number is attached to a loan. Borrowers might not find their loan in MERS, which leads to a lot of upset borrowers. Or an assignment out of MERS sometimes happens without being deactivated within MERS. The homeowners see a release filed in the public record, but they see it is still in MERS and wonder whether or not it is still in MERS.’

Customer disservice

Needless to say, aggravating the borrower is also a major no-no – especially in today's servicing environment.

‘If the borrower pays off a loan but the servicer is not be able to release a lien in a timely manner, that is poor customer service,’ says Wileman. ‘Not to mention, that it could lead to litigation.’

Sorensen urges servicers to be aware of potential fraud schemes that could snag borrowers.

‘There is a scam in which an unscrupulous person sends out a notice to the borrower that the loan was sold when, in fact, it hasn't been traded,’ she says. ‘The borrower makes payments to a new place, but the loan will go into default with the real lender. Meanwhile, the scammers take one or two payments from unsuspecting borrowers. It is critical for servicers to stay on top of collections so problems like this do not turn into other issues.’

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Assignment Of Loan

Jump to section, what is an assignment of loan.

Under an assignment of loan, a lender (the assignor) assigns its rights relating to a loan agreement to a new lender (the assignee). Only the assignor's rights under the loan agreement are assigned. The assignor will still have to perform any obligations it has under the facility agreement.

The debtor, the recipient of the loan, must be notified when a debt is assigned. When there is an assignment of a loan, a Notice of Assignment (NOA) is sent out to the debtor informing them that a new party is now responsible for collecting any outstanding amount.

Assignment Of Loan Sample

Reference : Security Exchange Commission - Edgar Database, EX-10.14 5 dex1014.htm ASSIGNMENT OF LOAN DOCUMENTS , Viewed October 21, 2021, View Source on SEC .

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The Dilemma Of A Mortgage Satisfaction Filed After An Assignment

DATE PUBLISHED

PRACTICE AREA

This is still too commonplace a problem, as mortgage lenders and servicers have learned to their chagrin and it arises most often out of New York State’s procedure for a consolidation, extension and modification agreement (“CEMA”).  Helpfully, a new case reminds that the erroneous satisfaction really is no good and is subject to being expunged.  [ Bank of New York Mellon Trust Company, N.A. v. Claypoole , 150 A.D.3d 505, 55 N.Y.S.3d 19 (1 st Dept. 2017)].

The scenario most often occurs in this fashion (although there could be other fact patterns as well).   A borrower wishes to refinance its mortgage and for a larger sum.  Because there is a significant mortgage tax in New York, should the existing mortgage be assigned, so that only the new money is subject to the mortgage tax, it is a more economical and amenable transaction.  This would accordingly elicit an assignment of the existing mortgage which is then consolidated with the new mortgage arriving neatly at the full sum of the new obligation.  What happens too often though, as noted, is that the assigning lender later executes and records a satisfaction of the mortgage which it assigned.  This probably results from administrative procedures not quite aligned with the CEMA concept whereby a mortgage which has been paid (the assignor has been paid for the mortgage) looks like it needs to be satisfied.

This is likely to go unnoticed until someday when there is a default under the new mortgage as consolidated and the foreclosure search reveals that the mortgage which has been assigned (and now forms a portion of the CEMA) has been satisfied.  This then requires a quiet title action to cancel the erroneous satisfaction.

While the mechanics of this pursuit are not so effortless, the helpful law on the subject is clear, again stated anew by the recent case cited.  The controlling principle is that a satisfaction of mortgage is void from the outset when the party that executed it had already assigned away its interest under that mortgage.  This is logical, but comforting nevertheless to see it enunciated by an appeals court.  Not incidentally, the statute of limitations which might otherwise intercede (especially if the error is not discovered for many years) in actuality has no application because the offending satisfaction was void at the outset.  This was a point made as well by the cited decision with supporting authority for that.

Mr. Bergman, author of the four-volume treatise, Bergman on New York Mortgage Foreclosures , LexisNexis Matthew Bender (rev. 2017), is a partner with Berkman, Henoch, Peterson, Peddy & Fenchel, P.C. in Garden City, New York. He is also a member of the USFN, The American College of Real Estate Lawyers, The American College of Mortgage Attorneys, an adviser to the New York Times on foreclosure issues and writes a regular servicing column for the New York Law Journal. He is AV rated by Martindale-Hubbell, his biography appears in Who’s Who In American Law and he has been for years listed in Best Lawyers In America and New York Super Lawyers.

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Assigning Loan Documents: Practical Reminders

The recent Supreme Court of Delaware case  J.M. Shrewsbury v. The Bank of New York Mellon ,   CA No. N15L-03-108 (Del. 2017), provides a reminder of the importance of clearly documenting the assignment of loan documents. The Court’s holding requires that prior to the assignee of a mortgage loan filing suit on the note or mortgage, the assignee must have received both an allonge/assignment of the note and an assignment of the mortgage. The case is a reminder of the importance of maintaining a precise chain of title when assigning loan documents. The facts of the case as described below demonstrate the need to make sure that you “don’t leave the note behind.”

In 2007, J.M. Shrewsbury and Kathy Shrewsbury signed a promissory note in favor of Countrywide Home Loans, Inc. Concurrently, the Shrewburys were granted a mortgage to secure their obligations under the note, which mortgage encumbered real property in Delaware. In 2011, the mortgage was assigned to The Bank of New York Mellon (Bank). In 2013, the Shrewsburys requested and received a copy of the original note, which contained no indication that the note had been assigned. Neither party disputed the fact that the Shrewsburys stopped making mortgage payments in 2010.

The Bank commenced a mortgage foreclosure action in 2015 in the Superior Court of the State of Delaware,  Bank of N.Y. Mellon v. Shrewsbury , C.A. No. N15L-03-108 CLS (Del. Super. Ct. Feb. 17, 2016). In holding in favor of the Bank, the Superior Court found that the Bank need only show that it had a valid assignment of the mortgage to enforce its rights. The Shrewsburys appealed the decision to the Court.

In reversing and remanding the decision of the Superior Court, the Court followed its reasoning in Iowa-Wisconsin Bridge Co. v. Phoenix Finance Corporation, Iowa-Wisconsin Bridge Co. v. Phoenix Finance Corporation , 25 A.2d 383, 389 (Del. 1942), stating that a debt is an essential requisite to a mortgage. While persuaded by wide-ranging case law and other respected authorities, the Court’s decision relied most heavily on the United States Supreme Court case  Carpenter v. Longan,  83 U.S. 271 (1872), holding that the “note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity.”

Practical Reminders

While this case involved a residential transaction, important considerations can be applied in commercial mortgage transactions whether in connection with construction, bridge or permanent mortgage financing, a loan sale, a transfer of a loan to an affiliate of the original lender, or other assignment of the loan.

Practical reminders include:

• Make sure that the chain of title is precise when assigning the mortgage, the note and other collateral documents such as assignments of leases and rents, guarantees and UCC’s. Don’t leave the note “behind.”
• Assign and endorse the note by allonge so that the chain of title is complete. Firmly affix the allonge(s) to the underlying note.
• Keep good records of all documentation, including recorded ( i.e. the mortgage an assignment of mortgage) and unrecorded documents. Retain originals in a safe place (such as under the control of a custodian or servicer or in a vault) and copies of all loan documents including assignment documents.
• When the loan is assigned, always deliver the original note along with the original allonge.

Members of our Real Estate and Finance Groups regularly handle commercial real estate financing and sales transactions throughout the country. If you have questions or would like further information, please contact Tim Davis ( davist@whiteandwilliams.com ; 215.864.6829) or Pat Haggerty ( haggertyp@whiteandwilliams.com ; 215.864.6811).

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D2-3.4-03, Assignment of a Mortgage Loan to the Insurer or Guarantor (11/12/2014)

Assignment of a conventional mortgage loan to the mortgage insurer, assignment of a hud or va mortgage loan to the insurer or guarantor.

If the mortgage insurer exercises a right under the master policy to acquire a delinquent conventional first lien mortgage loan, the servicer must assign the mortgage loan to the mortgage insurer and take whatever action is necessary to obtain payment under the insurance policy.

If the mortgage insurer instructs the servicer to assign an insured delinquent second lien conventional mortgage loan to it rather than continuing the foreclosure process, the servicer must prepare the necessary legal documents to assign the second lien mortgage loan and file a claim under the insurance contract.

See the Investor Reporting Manual for reporting the assignment to Fannie Mae.

If the mortgage insurer or guarantor exercises its right under the policy to acquire a delinquent government mortgage loan or an assignment is the only way to liquidate a mortgage loan, the servicer must

assign the mortgage loan to the insurer or guarantor and take required follow-up actions in compliance with applicable regulations and procedures,

file a claim with the insurer or guarantor, and

report the assignment to Fannie Mae. See the Investor Reporting Manual for reporting the assignment to Fannie Mae.

Fannie Mae will hold the servicer accountable for any loss Fannie Mae incurs because it failed to assign a VA-guaranteed mortgage loan for refunding when the VA instructed it to do so.

There are no recently issued Announcements related to this topic.                      

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Servicing Guide

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(Published: May 08 2024 )

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Guide Resources

Forms, announcements, lender letters, notices, and more.

Browse the Guide

• Copyright and Preface
• A1-1-01, Application and Approval of Seller/Servicer
• A1-1-02, Representation and Warranty Requirements
• A1-1-03, Evaluating a Servicer’s Performance
• A1-2-01, Servicer’s Termination of the Lender Contract
• A1-2-02, Fannie Mae’s Termination of the Lender Contract without Cause
• A1-3-01, Requirements for Voluntary Repurchase
• A1-3-02, Fannie Mae-Initiated Repurchases, Indemnifications, Make Whole Payment Requests and Deferred Payment Obligations
• A1-3-03, Repurchase Obligations Related to Bifurcated Mortgage Loans
• A1-3-04, Reporting the Repurchase
• A1-3-05, Redelivering a Mortgage Loan
• A1-3-06, Automatic Reclassification of MBS Mortgage Loans
• A1-4.1-01, Defining a Breach of Contract
• A1-4.1-02, Fannie Mae’s Remedies
• A1-4.2-01, Compensatory Fees Other Than Delays in the Liquidation Process
• A1-4.2-02, Compensatory Fees for Delays in the Liquidation Process
• A2-1-01, General Servicer Duties and Responsibilities
• A2-1-02, Servicer’s Duties and Responsibilities Related to MBS Mortgage Loans
• A2-1-03, Servicer's Duties and Responsibilities Related to Mortgage Loans with Resale Restrictions or Shared Equity Transactions
• A2-1-04, Execution of Legal Documents
• A2-1-05, Note Holder Status for Legal Proceedings Conducted in the Servicer’s Name
• A2-1-06, Use of Fannie Mae Trademarks
• A2-1-07, Subservicing
• A2-1-08, First Lien Mortgage Loan Requirements
• A2-1-09, Compliance with Requirements and Laws
• A2-2-01, Refinance and Lending Practices
• A2-3-01, Servicer Compensation
• A2-3-02, Servicing Fees for Portfolio and MBS Mortgage Loans
• A2-3-03, Yield Differential Adjustments
• A2-3-04, Late Charges as Compensation
• A2-3-05, Fees for Certain Servicing Activities
• A2-3-06, Prepayment Premiums
• A2-4-01, Quality Control Reviews
• A2-5-01, Ownership and Retention of Individual Mortgage Loan Files and Records
• A2-6-01, Custodial Documents
• A2-7-01, Concurrent Servicing Transfers
• A2-7-02, Pledge of Servicing Rights and Transfer of Interest in Servicing Income
• A2-7-03, Post-Delivery Servicing Transfers
• A2-8-01, Mortgage Electronic Registration System
• A2-9-01, General Requirements
• A2-9-02, Special Provision for Puerto Rico
• A3-1-01, Maintaining Fannie Mae Seller/Servicer Status
• A4-1-01, Staffing, Training, Procedures, and Quality Control Requirements
• A4-1-02, Establishing Custodial Bank Accounts
• A4-1-03, Addressing Borrower Inquiries and Disputes
• A4-2.1-01, Preventing Defaults and Managing Delinquencies
• A4-2.1-02, Property Inspection Vendor Management and Oversight
• A4-2.1-03, Managing Short Sales
• A4-2.1-04, Establishing Contact with the Borrower
• A4-2.1-05, Requirements for Collection and Foreclosure Prevention Strategies Unique to Second Lien Mortgage Loans
• A4-2.1-06, Adverse Action Notification Certification
• A4-2.1-07, Servicer's Duties and Responsibilities Related to Mortgage Loans with an Outstanding Non-Interest-Bearing Balance
• A4-2.2-01, Selecting and Retaining Law Firms
• A4-2.2-02, Law Firm Management and Oversight
• A4-2.2-03, Prohibition Against Servicer-Specified Vendors for Fannie Mae Referrals, Use of Vendors, and Outsourcing Companies
• A4-2.2-04, Law Firm Suspensions, Matter Transfers, and Terminations
• B-1-01, Administering an Escrow Account and Paying Expenses
• B-2-01, Property Insurance Requirements Applicable to All Property Types
• B-2-02, Property Insurance Requirements for One- to Four-Unit Properties
• B-2-03, Master Property Insurance Requirements for Project Developments
• B-2-04, Individual Property Insurance Requirements for Units in Project Developments
• B-3-01, Flood Insurance Requirements Applicable to All Property Types
• B-4-01, Additional Insurance Requirements
• B-5-01, Insured Loss Events
• B-5-02, Uninsured Loss Events
• B-6-01, Lender-Placed Insurance Requirements
• B-7-01, General Liability Insurance Requirements for Project Developments
• B-7-02, Fidelity/Crime Insurance Requirements for Project Developments
• B-8.1-01, Conventional Mortgage Insurance Servicer Responsibilities
• B-8.1-02, Paying Conventional Mortgage Insurance Premiums
• B-8.1-03, Replacing Conventional Mortgage Insurance Policies
• B-8.1-04, Termination of Conventional Mortgage Insurance
• B-8.2-01, FHA Mortgage Insurance Coverage Requirements
• B-8.2-02, Conversion of FHA Coinsured Mortgage Loans to Full Insurance
• B-8.2-03, Termination or Cancellation of FHA Mortgage Insurance and FHA Mortgage Insurance Premium
• C-1.1-01, Servicer Responsibilities for Processing Mortgage Loan Payments
• C-1.1-02, Processing Payment Shortages or Funds Received When a Mortgage Loan Modification Is Pending
• C-1.1-03, Automatically Drafting Payments from the Borrower’s Bank Account
• C-1.1-04, Accepting Biweekly Payments from Third-Party Payment Contractors
• C-1.2-01, Processing Additional Principal Payments
• C-1.2-02, Processing Short Sale Proceeds
• C-1.2-03, Processing Payments in Full
• C-1.2-04, Satisfying the Mortgage Loan and Releasing the Lien
• C-1.2-05, Charging for a Release of Lien
• C-2.1-01, Responsibilities for ARM Loan Servicing
• C-2.1-02, Notifying the Borrower Regarding Interest Rate and/or Payment Changes
• C-2.2-01, Identifying and Disclosing Adjustment Errors
• C-2.2-02, Assuming Responsibility for Conversion Notice Errors
• C-2.2-03, Determining Whether to Provide a Refund or Credit for Overcharges
• C-2.3-01, Processing ARM Conversions to Fixed Rate Mortgage Loans
• C-2.3-02, Notifying Fannie Mae of Conversions for Portfolio Mortgage Loans
• C-2.3-03, Repurchasing Converted MBS Mortgage Loans and Redelivering Them to Fannie Mae
• C-3-01, Responsibilities Related to Remitting P&I Funds to Fannie Mae
• C-3-02, Remitting Payoff Proceeds
• C-4.1-01, Notifying Credit Repositories
• C-4.2-01, Filing IRS Forms
• C-4.3-01, Servicer Responsibilities Related to Investor Reporting
• D1-1-01, Evaluating a Request for the Release, or Partial Release, of Property Securing a Mortgage Loan
• D1-1-02, Evaluating a First Lien Mortgage Loan for Charge-Off and Release of Lien
• D1-1-03, Evaluating a Second Lien Mortgage Charge-Off
• D1-2-01, Renovation Mortgage Loans
• D1-3-01, Evaluating the Impact of a Disaster Event and Assisting a Borrower
• D1-4.1-01, Determining Whether a Transfer of Ownership Is Permitted
• D1-4.1-02, Allowable Exemptions Due to the Type of Transfer
• D1-4.1-03, Allowable Exceptions Due to State Law Restrictions (“Window-Period” Mortgage Loans)
• D1-4.1-04, Transfers of Ownership by Grant Deed
• D1-4.1-05, Enforcing the Due-on-Sale (or Due-on-Transfer) Provision
• D1-4.2-01, Conventional Mortgage Loans that Do Not Include a Due-on-Sale (or Due-on-Transfer) Provision
• D1-4.2-02, Conventional Mortgage Loans That Include a Due- on-Sale (or Due-on-Transfer) Provision
• D1-4.3-01, Transfers of Ownership on FHA and VA Mortgage Loans
• D1-4.3-02, Transfers of Ownership on RD Mortgage Loans
• D1-5-01, Call Options and Cross-Default Provisions
• D1-6-01, Requesting to Waive Certain Rights under the Mortgage Loan
• D1-6-02, Handling Notices of Liens, Legal Action, Other Actions Impacting Fannie Mae’s Interest
• D1-6-03, Handling Property Forfeitures and Seizures
• D2-1-01, Determining if the Borrower’s Mortgage Payment is in Imminent Default
• D2-2-01, Achieving Quality Right Party Contact with a Borrower
• D2-2-02, Outbound Contact Attempt Requirements
• D2-2-03, Sending a Payment Reminder Notice
• D2-2-04, Sending a Borrower a Solicitation Package for a Workout Option
• D2-2-05, Receiving a Borrower Response Package
• D2-2-06, Sending a Breach or Acceleration Letter
• D2-2-07, Resolving an Appeal of a Mortgage Loan Modification Trial Period Plan Denial for a Principal Residence
• D2-2-08, Interviewing Face-to-Face with a Borrower for Certain FHA and HUD Mortgage Loans
• D2-2-09, Additional Borrower Contact Requirements for the Servicer of a Second Lien Mortgage Loan
• D2-2-10, Requirements for Performing Property Inspections
• D2-3.1-01, Determining the Appropriate Workout Option
• D2-3.1-02, Conditions of a First and Second Lien Mortgage Loan Modification for an MBS Mortgage Loan
• D2-3.1-03, Working with a Borrower that has a Group Home Mortgage Loan
• D2-3.1-04, Offering a Workout Option When Also Servicing a Subordinate Lien Mortgage Loan
• D2-3.1-05, Interacting with Mortgage Assistance Fund Program Providers
• D2-3.1-06, Notifying Fannie Mae of Lead-Based Paint Citations
• D2-3.2-01, Forbearance Plan
• D2-3.2-02, Repayment Plan
• D2-3.2-03, Government Mortgage Loan Modifications
• D2-3.2-04, Payment Deferral
• D2-3.2-05, Disaster Payment Deferral
• D2-3.2-06, Fannie Mae Flex Modification
• D2-3.3-01, Fannie Mae Short Sale
• D2-3.3-02, Fannie Mae Mortgage Release (Deed-in-Lieu of Foreclosure)
• D2-3.4-01, Military Indulgence
• D2-3.4-02, Offering a Mortgage Release (Deed-in-Lieu of Foreclosure) for a Second Lien Mortgage Loan
• D2-3.4-03, Assignment of a Mortgage Loan to the Insurer or Guarantor
• D2-3.4-04, Qualifying Mortgage Assumption Workout Option
• D2-4-01, Reporting a Delinquent Mortgage Loan to Fannie Mae
• D2-4-02, Reporting a Workout Option to Fannie Mae
• D2-4-03, Reporting Certain Workout Options to Treasury
• E-1.1-01, General Requirements for Referring a Mortgage Loan to a Law Firm
• E-1.1-02, Required Referral Documents
• E-1.1-03, Required Referral Data
• E-1.2-01, Timing of the Bankruptcy Referral
• E-1.2-02, Timing of the Foreclosure Referral for Mortgage Loans Generally
• E-1.2-03, Timing of the Foreclosure Referral for Second Lien Conventional Mortgage Loans Not Secured by a Principal Residence
• E-1.2-04, Timing of the Foreclosure Referral for Government Mortgage Loans
• E-1.3-01, General Servicer Responsibilities for Non-Routine Matters
• E-1.3-02, Reporting Non-Routine Litigation to Fannie Mae
• E-1.3-03, Reporting “Legal Filings” to MERS
• E-2.1-01, General Servicing Requirements for Mortgage Loans Under Bankruptcy Protection
• E-2.1-02, Confirming Bankruptcy Information
• E-2.1-03, Suspending Debt Collection Efforts
• E-2.1-04, Expected Servicer/Attorney Interaction During Bankruptcy Proceedings
• E-2.1-05, Filing a Notice of Appearance and Sending Proper Notices
• E-2.1-06, Reviewing Bankruptcy Reorganization Plans
• E-2.1-07, Preparing and Filing a Proof of Claim
• E-2.1-08, Monitoring Borrower Payments and Critical Dates
• E-2.1-09, Identifying Workout Opportunities
• E-2.1-10, Dealing with Delays in the Bankruptcy Process
• E-2.1-11, Remitting P&I for MBS Mortgage Loans That Are Part of a Bankruptcy
• E-2.2-01, Managing Chapter 7 Bankruptcies
• E-2.2-02, Managing Chapter 11 Bankruptcies
• E-2.2-03, Managing Chapter 12 Bankruptcies
• E-2.2-04, Managing Chapter 13 Bankruptcies
• E-2.3-01, Identifying Abusive Filers
• E-2.3-02, Addressing Individuals with Fractional Interests in a Security Property
• E-2.3-03, Handling Cramdowns of the Mortgage Debt
• E-2.3-04, Bankruptcies Involving Mortgage Loans Secured by Investment Properties
• E-2.3-05, Bankruptcies Involving Multiple Fannie Mae Mortgage Loans
• E-2.3-06, Responding to Bankruptcies Identified After Foreclosure Sale
• E-2.3-07, Cross-Border Insolvency Proceedings
• E-3.1-01, General Servicing Requirements Related to Foreclosure Proceedings
• E-3.1-02, Performing Due Diligence Prior to Considering Foreclosure
• E-3.1-03, Fannie Mae Address for Instruments of Record
• E-3.1-04, Addressing a Bankruptcy Filed During Active Foreclosure
• E-3.2-01, Conducting Prereferral Review
• E-3.2-02, Initiating Foreclosure Proceedings on a First Lien Conventional Mortgage Loan
• E-3.2-03, Initiating Foreclosure Proceedings on a Second Lien Conventional Mortgage Loan
• E-3.2-04, Postponing Foreclosure Referral for Mortgage Loans Not Secured by a Principal Residence
• E-3.2-05, Expected Servicer/Attorney Interaction During Foreclosure Proceedings
• E-3.2-06, Conducting Borrower Outreach During Foreclosure
• E-3.2-07, Impact of Engagement with a Mortgage Assistance Fund Program Provider
• E-3.2-08, Processing Reinstatements During Foreclosure
• E-3.2-09, Conducting Foreclosure Proceedings
• E-3.2-10, Paying Certain Expenses During the Foreclosure Process
• E-3.2-11, Collecting Under an Assignment of Rents
• E-3.2-12, Performing Property Preservation During Foreclosure Proceedings
• E-3.2-13, Addressing Title Defects Generally
• E-3.2-14, Addressing Title Defects for Bifurcated Mortgage Loans
• E-3.2-15, Allowable Time Frames for Completing Foreclosure
• E-3.3-01, Completing Preforeclosure Sale Review
• E-3.3-02, Certifying the Status of Workout Negotiations Prior to Foreclosure Sale
• E-3.3-03, Inspecting Properties Prior to Foreclosure Sale
• E-3.3-04, Marketing the Foreclosure Sale and Using Foreclosure Auction Services
• E-3.3-05, Issuing Bidding Instructions
• E-3.3-06, Handling a Suspension or Reduction of the Redemption Period
• E-3.3-07, Pursuing a Deficiency Judgment
• E-3.4-01, Suspending Foreclosure Proceedings for Workout Negotiations
• E-3.4-02, Canceling the Foreclosure Sale for a Completed Workout
• E-3.5-01, Foreclosure of a Property Securing an MBS Mortgage Loan
• E-3.5-02, Handling Third-Party Sales
• E-3.5-03, Providing Evidence of Title
• E-4.1-01, Notifying Fannie Mae of an Acquired Property
• E-4.1-02, Eliminations and Rescissions of Foreclosure Sales
• E-4.2-01, Completing Conveyance Documents
• E-4.2-02, Handling Reconveyance to the Insurer or Guarantor
• E-4.3-01, Managing the Property Post-Foreclosure Sale
• E-4.3-02, Inspecting Properties Post-Foreclosure Sale
• E-4.3-03, The Broker's, Agent's, or Property Management Company's Responsibilities
• E-4.3-04, Handling Eviction Proceedings
• E-4.4-01, Continuing or Canceling Property Insurance Coverage
• E-4.4-02, Remitting Property Insurance Settlement Proceeds or Unearned Premium Refunds
• E-4.4-03, Canceling Flood Insurance Coverage for Acquired Properties
• E-4.4-04, Remitting Flood Insurance Settlement Proceeds or Unearned Premium Refunds
• E-4.5-01, Filing MI Claims for Conventional Mortgage Loans or for Other Mortgage Loans for which Fannie Mae Bears the Risk of Loss
• E-4.5-02, Filing MI Claims for FHA Mortgage Loans
• E-4.5-03, Filing MI Claims for FHA Coinsured Mortgage Loans
• E-4.5-04, Filing MI Claims for FHA Title I Loans
• E-4.5-05, Filing MI Claims for HUD Section 184 Mortgage Loans
• E-4.5-06, Filing MI Claims for VA Mortgage Loans
• E-4.5-07, Filing MI Claims for RD Mortgage Loans
• E-5-01, Requesting Reimbursement for Expenses
• E-5-02, Servicer Responsibilities Prior to Requesting Reimbursement of Attorney Fees and Costs
• E-5-03, Allowable Bankruptcy Fees
• E-5-04, Allowable Foreclosure Fees
• E-5-05, Reimbursing Law Firms/Reimbursement of Uncollected Fees, Costs or Advances
• E-5-06, Technology Fees and Electronic Invoicing
• E-5-07, Other Reimbursable Default-Related Legal Expenses
• F-1-01, Servicing ARM Loans
• F-1-02, Escrow, Taxes, Assessments, and Insurance
• F-1-03, Establishing and Implementing Custodial Accounts
• F-1-04, Evaluating a Request for the Release, or Partial Release, of Property Securing a Mortgage Loan
• F-1-05, Expense Reimbursement
• F-1-06, Filing an MI Claim for a Liquidated Mortgage Loan or Acquired Property
• F-1-07, Handling Property Forfeitures and Seizures
• F-1-08, Managing Foreclosure Proceedings
• F-1-09, Processing Mortgage Loan Payments and Payoffs
• F-1-10, Obtaining and Executing Legal Documents
• F-1-11, Post-Delivery Servicing Transfers
• F-1-12, Preparing to Implement a Workout Option
• F-1-13, Processing a Fannie Mae Mortgage Release (Deed-In-Lieu of Foreclosure)
• F-1-14, Processing a Fannie Mae Short Sale
• F-1-15, Processing a Government Mortgage Loan Modification
• F-1-16, Processing a Repayment Plan
• F-1-17, Processing a Transfer of Ownership
• F-1-18, Processing a Workout Incentive Fee
• F-1-19, Processing a Military Indulgence
• F-1-20, Remitting and Accounting to Fannie Mae
• F-1-21, Reporting a Delinquent Mortgage Loan via Fannie Mae’s Servicing Solutions System
• F-1-22, Reporting a Workout Option via Fannie Mae’s Servicing Solutions System
• F-1-23, Reporting to Third Parties
• F-1-24, Requesting Fannie Mae’s Approval via Fannie Mae’s Servicing Solutions System
• F-1-25, Reclassifying or Voluntary Repurchasing an MBS Mortgage Loan
• F-1-26, Servicing eMortgages
• F-1-27, Processing a Fannie Mae Flex Modification
• F-1-28, Reviewing a Transfer of Ownership for Credit and Financial Capacity
• F-2-01, Bankruptcy Referral and Completion Timelines
• F-2-02, Incentive Fees for Workout Options
• F-2-03, Compensatory Fee Calculation Examples
• F-2-04, Firm Minimum Requirements
• F-2-05, Historical Yield Differential Adjustment Provisions
• F-2-06, Mortgage Insurer Delegations for Workout Options
• F-2-07, Reporting the Principal Amount for Mortgage Loans with Principal Forbearance
• F-2-08, Servicing Fees for MBS Mortgage Loans
• F-2-09, Servicing Fees for Portfolio Mortgage Loans
• F-2-10, Fannie Mae’s Workout Hierarchy
• F-3-01, Acronyms and Glossary of Defined Terms: A
• F-3-02, Acronyms and Glossary of Defined Terms: B
• F-3-03, Acronyms and Glossary of Defined Terms: C
• F-3-04, Acronyms and Glossary of Defined Terms: D
• F-3-05, Acronyms and Glossary of Defined Terms: E
• F-3-06, Acronyms and Glossary of Defined Terms: F
• F-3-07, Acronyms and Glossary of Defined Terms: G
• F-3-08, Acronyms and Glossary of Defined Terms: H
• F-3-09, Acronyms and Glossary of Defined Terms: I
• F-3-10, Acronyms and Glossary of Defined Terms: J
• F-3-11, Acronyms and Glossary of Defined Terms: K
• F-3-12, Acronyms and Glossary of Defined Terms: L
• F-3-13, Acronyms and Glossary of Defined Terms: M
• F-3-14, Acronyms and Glossary of Defined Terms: N
• F-3-15, Acronyms and Glossary of Defined Terms: O
• F-3-16, Acronyms and Glossary of Defined Terms: P
• F-3-17, Acronyms and Glossary of Defined Terms: Q
• F-3-18, Acronyms and Glossary of Defined Terms: R
• F-3-19, Acronyms and Glossary of Defined Terms: S
• F-3-20, Acronyms and Glossary of Defined Terms: T
• F-3-21, Acronyms and Glossary of Defined Terms: U
• F-3-22, Acronyms and Glossary of Defined Terms: V
• F-3-23, Acronyms and Glossary of Defined Terms: W
• F-3-24, Acronyms and Glossary of Defined Terms: X
• F-3-25, Acronyms and Glossary of Defined Terms: Y
• F-3-26, Acronyms and Glossary of Defined Terms: Z
• F-4-01, References to Fannie Mae's Website
• F-4-02, List of Contacts
• F-4-03, List of Lender Contracts

32 CFR § 150.15 - Assignments of error and briefs.

(a) General provisions. Appellate counsel for the accused may file an assignment of error if any are to be alleged, setting forth separately each error asserted. The assignment of errors should be included in a brief for the accused in the format set forth in Appendix B to this part. An original of all assignments of error and briefs, and as many additional copies as shall be prescribed by the Court, shall be submitted. Briefs and assignments of errors shall be typed or printed, double-spaced on white paper, and securely fastened at the top. All references to matters contained in the record shall show record page numbers and any exhibit designations. A brief on behalf of the government shall be of like character as that prescribed for the accused.

(b) Time for filing and number of briefs. Any brief for an accused shall be filed within 60 days after appellate counsel has been notified of the receipt of the record in the Office of the Judge Advocate General. If the Judge Advocate General has directed appellate government counsel to represent the United States, such counsel shall file an answer on behalf of the government within 30 days after any brief and assignment of errors has been filed on behalf of an accused. Appellate counsel for an accused may file a reply brief no later than 7 days after the filing of a response brief on behalf of the government. If no brief is filed on behalf of an accused, a brief on behalf of the government may be filed within 30 days after expiration of the time allowed for the filing of a brief on behalf of the accused.

(c) Appendix. The brief of either party may include an appendix. If an unpublished opinion is cited in the brief, a copy shall be attached in an appendix. The appendix may also include extracts of statutes, rules, or regulations. A motion must be filed under § 150.23 , infra, to attach any other matter.

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Can Mortgage Record Errors Be Fixed?

Posted by CourthouseDirect.com Team - 20 January, 2016

Ideally, lenders will double and triple check everything before filing a formal mortgage record. Unfortunately, mistakes do happen, and an error on your mortgage record can hinder property transfer, bankruptcy proceedings, and the refinancing process.

Most Common Mistakes

Anytime someone inputs new information into a system, a mistake can happen. The property owner may improperly fill out the paperwork or misspell a name. A lender may fail to notice a mistake or make one him or herself. The records office responsible for filing away deed and mortgage information is often responsible for minor mistakes that cause problems later.

The most common record-related mistakes include poor timing of document submission, poorly executed documents, and erroneously indexed documents. Something as simple as improper notarization could cause problems. At worst, an error could render the entire mortgage void in court, leaving a property legally open to another purchaser.

Correcting a Mortgage Record Error

If your mortgage record is filed, you cannot “unfile” it, correct it, and then resubmit it. However, you can amend the record with a corrective or newly executed deed or mortgage.

This type of record filing allows property owners to reaffirm information in the preexisting document while correcting any mistakes that were previously made. Depending on the state, property owners may need to go through a slightly different process to create and resubmit a formalized document.

In some states, the courts will allow property owners to file an affidavit of correction or scrivener’s affidavit for clerical and other minor errors. This type of amendment differs significantly from a full corrective filing, and some property owners may find the process of filing an affidavit simpler than encouraging a lender and an attorney to re-open and correct the original deed.

However, an affidavit may not have the same legal protections as a newly executed corrective document. For instance, in some states, the courts have determined information included in an affidavit, such as a particular parcel of land, may not be secured under the original mortgage. When filing for bankruptcy, this type of error can hurt both a lending organization and a property owner.

Every jurisdiction is different. Your local property records office or a property records database may help you understand the rules and requirements in your area. Always have an experienced attorney create or review your submission, and take every step possible to secure the legality of the change in the formal record. For example, always include both grantor and grantee signatures on corrective submissions to ensure the validity of the filing.

Timing Is Important

Whenever you initially file a mortgage record or corrective document, make sure you meet all the appropriate deadlines for document submission. Failing to file every required document may result in its exclusion from the formal record.

Simply mailing the documents to the court before the due date may not be enough to prevent errors in indexing or 3 rd party fraudulent filings. In some jurisdictions, an opened set of documents that was hand delivered may take precedence over an unopened mailing. Consider taking your documents to the courthouse personally to eliminate the likelihood of this type of error.

Technology Improves the Rate of Record Errors

The antiquated filing system used in most jurisdictions creates room for errors that can be difficult to address. Many states have started to implement technological solutions to cut down on the number of errors in mortgage and deed filings. For instance, in New York, property owners in some jurisdictions are given a notification any time the state receives a document associated with the property title or mortgage. Any property owner who takes action after receiving a notice may avoid the process of filing a corrective document.

Ultimately, as more record offices start using databases, lenders, property owners, and legal counsel will have the ability to change information before it becomes part of a permanent record. In addition to reducing the number of simple errors, this type of automation may also reduce abuses such as fraudulent filings. 

Avoiding Records Errors in Mortgages

A mortgage error may not effect a property owner’s mortgage payments or property usage in the near future, but one simple mistake can cause problems if a property owner files for bankruptcy or sells the property at a future date. Carefully examine the documents for mistakes prior to filing.

Trust your attorney, but double check the actual information in your mortgage and on file with your lender before anything is submitted to the records office. If possible, hand-deliver the mortgage record to the records office, and take advantage of your county or state’s technological record keeping tools. Always keep a clear record of dates and copies of your submission for future reference.

Topics: Mortgage

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What should I do if I find an error in one of my mortgage closing documents?

If you find an error in one of your mortgage closing documents, contact your lender or settlement agent to have the error corrected immediately.

Common errors in your documents can be as simple as a misspelled name or a wrong number in an address, or as serious as incorrect loan amounts or missing pages. All of these errors can cause delays in closing of a few hours or even a few days, because everything has to be in order before closing.

Here are some steps you can take to make sure there are no errors in your closing documents:

• Ask to see every document in advance.
• Pay particular attention to loan documents.
• Double-check your loan and down payment amounts, interest rates, spellings, and all your personal information.
• Question anything you don’t understand or that seems odd.
• Talk to your closing agent well ahead of your scheduled closing – at least a few days. Ask if everyone involved has everything they need. Be sure you understand who is in charge of the closing and the documents.

You can also use the CFPB’s interactive guide to the Closing Disclosure form and guide to other key closing documents .

Before you go to your closing, you might want to call and ask if the file for your transaction is complete, and if all the documents are ready to sign.

Note: You will not receive a Loan Estimate or Closing Disclosure if you are shopping for:

• A reverse mortgage
• A home equity line of credit (HELOC)
• A manufactured housing or mobile home loan not secured by real estate
• A subordinate loan through certain types of homebuyer assistance programs

For these kinds of loans, you should receive Truth-in-Lending disclosures . If you are shopping for a reverse mortgage, you will also receive a Good Faith Estimate (GFE) and a HUD-1 Settlement Statement .

If you have a problem with your mortgage closing process, you should discuss it with your lender. You can also submit a complaint to the CFPB online or by calling (855) 411-CFPB (2372). We’ll forward your complaint to the lender and work to get you a response, generally in 15 days.

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Credit report errors are more common than you think. Here's how to dispute one

Nearly half of all credit reports may contain errors, some of them costly to your credit score, according to a new watchdog report.

Two consumer groups, Consumer Reports and WorkMoney, invited more than 4,300 volunteers to check their credit reports for accuracy, as a sort of performance review of the three major credit agencies: Equifax , Experian and TransUnion .

Here’s what the y found :

◾ One-quarter of the consumers were unable to access their credit reports, which are supposed to be available to all.

◾ Among those who read their reports, 44% found errors.

Learn more: Best personal loans

◾ Of the errors, 27% were potentially damaging to the consumer’s credit.

The findings, released in late April, suggest that American consumers would be wise to read their reports. The credit agencies allow free access to them on a site called AnnualCreditReport.com .

“People don’t volunteer to be a part of this system, and a lot of decisions are made about you based on what’s in your account,” said Lisa Gill , an investigative reporter at Consumer Reports.

Related story: What information is on your credit report? Here's what I found when I read my own.

Credit scores are part of 'being able to afford life'

Credit reports factor into a dizzying array of consumer transactions. If you want to rent an apartment, buy a house, take a new job, or negotiate a better rate on a car loan, insurance premium, or cellphone contract, your credit score may determine your success. People with weak credit may get turned down, or penalized with higher rates and more stringent terms.

“It’s such an important part of people being able to afford life,” said Carrie Joy Grimes , CEO of WorkMoney, a nonprofit that helps consumers with their finances. “This is not a partisan issue. This is everyone in America.”

Consumer advocates acknowledge that it has probably never been easier to access your credit score, a metric of creditworthiness that ranges from 300 to 850, and the report upon which the score is based.

Long ago, consumers weren’t permitted to read their credit reports. Americans eventually gained the right to see their credit dossier, typically for a $15 fee. A 2003 law guaranteed access to free credit reports once a year . Today, consumers may see their reports once a week.

Industry leaders say they want consumers to read their reports, and to help credit agencies spot and fix potential errors.

“The consumer reporting industry shares the same goal as consumers, advocates, and regulators when it comes to credit reports: they should be accurate and complete,” the Consumer Data Industry Association, a group that represents the credit bureaus, said about the new report in a statement to USA TODAY.

“The nationwide credit reporting agencies are working diligently across the financial ecosystem to achieve that goal,” the statement said. “The entire business model of these companies is predicated on accuracy: when the information is accurate, everyone wins.”

Credit agency complaints nearly doubled in a year

Consumer watchdogs say the credit bureaus should do a better job.

Credit agencies are the most common subject of complaints filed to the federal Consumer Financial Protection Bureau, according to research by the U.S. Public Interest Research Group (PIRG). Complaints about credit reporting nearly doubled between 2021 and 2022, the nonprofit found.

Most complaints concerned allegations of improper use of credit reports, errors, or problems with getting an agency to correct mistakes, said Teresa Murray , consumer watchdog director at PIRG.

The credit bureaus “have not served consumers well for decades,” Murray said. “It’s gotten better, but it’s still a huge problem.”

Complaints are increasing, in part, because consumers have better access to their credit reports and are more keenly aware of them, she said. The massive Equifax data breach in 2017 raised public awareness of credit reports and their vulnerability.

In the Consumer Reports investigation, 872 consumers said they found errors in their credit reports about financial information: accounts they didn’t recognize, payments wrongly reported as late or missed, and debt-collection efforts of which they were not aware, among other issues.

'I had no idea this could happen'

One consumer volunteer in the watchdog study was Tammy Chambers, 55, of Tacoma, Washington.

When Chambers reviewed her Experian credit report, earlier this year, she found four delinquent loans totaling more than $2,000. None of them were hers.

Chambers said an identity thief took out the consumer installment loans in her name more than a year ago. When the loans went delinquent, her credit score sank from nearly 800 to “maybe 520,” she said. She spent months working with the loan company and the credit agency, trying to get the debts removed, to no avail.

“I did my due diligence,” she said. “I had no idea this could happen.”

Chambers finally got the debts expunged this spring. According to Consumer Reports, most of the fault lay not with Experian but with the company that issued the loans, which kept reporting them on Chambers’ account long after she had filed disputes.

Hundreds of other consumers in the watchdog study found mistaken personal information, including incorrect addresses and wrong or misspelled names.

Errors on credit reports can unfairly damage your credit score

Financial errors involving delinquent accounts are worrisome, consumer advocates say, because they can unfairly damage your credit score.

“Anything that’s reporting debt and collections that’s not yours, that is going to pull that score down 30, 40, 50 points, sometimes more,” Gill said.

An unfamiliar name or address or account on a credit report, meanwhile, “can be a signal of identity theft,” Gill said.

Roughly one-quarter of consumers in the watchdog study were unable to access their credit reports in the first place.

Many couldn’t get past the screening questions, which asked them to identify a familiar car loan or home mortgage on a multiple-choice list. Others got past those questions only to hit an error message, saying their credit reports were unavailable.

If you're concerned about your credit report, consumer advocates offer these tips:

Freeze your credit

Freezing your credit means no one can open a new account in your name. It’s free, and a great way to combat identity theft, Murray said.

PIRG offers a step-by-step guide .

One downside: If you want to open a new account, you will have to temporarily unfreeze your credit.

Read your credit reports

Consumers should review their credit reports at least once a year, looking for errors and anything unfamiliar, Murray said.

“If you want to overachieve, stagger them,” she said: Read a report from a different agency every four months.

Report any errors

If you find an error on a credit report, especially something that could affect your credit score or signal possible identity theft, you should report it.

“The bureaus are responsible for providing accurate information on the report,” Gill said.

You can report errors at any of the three credit bureau websites. If the error is on a specific account, consider contacting that company directly.

If necessary, file a complaint

If you find an error in a credit report, give the credit bureau time to fix it. If that doesn’t work, Murray said, file a complaint with the CFPB.

Complaints matter, Murray said: The more of them the agency receives, the more likely policymakers will step in to make it easier for future consumers to review and correct their credit reports.

Daniel de Visé covers personal finance for USA TODAY.

Zach Eflin appears set to rejoin Rays rotation Wednesday

• Marc Topkin Times staff

BALTIMORE — Zach Eflin is tired of watching.

And after throwing 40-some pitches in a bullpen session Sunday, he declared himself ready to return to the Rays rotation, having been sidelined for two weeks with low back inflammation.

“It went great,” Eflin said. “Felt good. … And I’m ready to go. … I checked the boxes that I need to get back. So kind of out of my hands at this point.”

Wednesday looks to be the day targeted for Eflin’s return, but the Rays will want to check with him over the next couple days, as well as discuss his expected workload and how it could impact the staff.

With days off on either side of the two-game series in Miami that starts Tuesday, the Rays should be able to cover a short outing, or they could have a bullpen day and push Eflin back to Friday, where he’d face the more potent Orioles.

Eflin (3-4 with a 4.12 ERA in 10 starts) said he shouldn’t need special handling, and that communication will be key.

“Just being honest how I feel every inning,” he said. “In the past, I haven’t really been limited when I got back (from injured list stints). So I don’t necessarily want to put an inning cap on it. I want to go out there and feel like a normal start and go as long as I can.”

That definitely will be better for him than having to watch from the dugout.

“It sucks, honestly,” Eflin said. “Obviously, I love watching the boys and being part of it. But when you’re on the IL you feel worthless and useless. And there’s a bunch of other adjectives I could use.

“I want to be back obviously as quickly as possible and be a part of this. The IL sucks. It’s never fun. So just can’t wait to get back.”

When Eflin is activated, the Rays will have their projected starting rotation healthy at the same time for the first time this season, as he joins Taj Bradley, Aaron Civale, Zack Littell and Ryan Pepiot.

Medical matters: J-Lowe, Poche, Walls

Outfielder Josh Lowe seems set to rejoin the Rays for Tuesday’s game in Miami after going 1-for-4 Sunday and playing nine innings in rightfield for Triple-A Durham to complete a three-game rehab assignment following a slight recurrence of a right oblique strain.

Lefty reliever Colin Poche, sidelined since late April with mid-back tightness, zipped through a nine-pitch, 1-2-3 inning for the Bulls in the first of two or three planned outings.

Infielder Taylor Walls (right hip surgery) went 1-for-1 with two walks in his third game for the Bulls, with Rays manager Kevin Cash saying the key to his return would be “his defense and explosiveness on defense.”

Jackson snaps hitless streak

Alex Jackson had to sweat it out for a few minutes, but he snapped a 0-for-30 hitless streak that was the majors’ longest such active skid with a fifth-inning single in the 4-3 win against the Orioles. Jackson laced a ball 102.2 mph that skipped past third baseman Ramon Urias but initially was ruled an error.

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After a review, the official scorer changed it to a single. Jackson, who had one hit in 35 at-bats since his early May callup, doubled his average, which now sits at .054 (2-for-37).

Rough start for Caballero

Shortstop Jose Caballero still wasn’t sure exactly what happened as he dove for a ground ball in the second inning, felt pain on his left side and had the wind knocked out of him. But after a few minutes on the ground, he felt good enough to stay in, and he had key hits in two Rays rallies.

“It was kind of weird, to be honest,” he said. “I felt something in my ribs ... like I stretched too much or something. After that I couldn’t breathe so I was just kind of worried about it. But just happy it wasn’t nothing bad.”

Contact Marc Topkin at [email protected] . Follow @TBTimes_Rays.

Sign up for the Sports Today newsletter to get daily updates on the Bucs, Rays, Lightning and college football across Florida.

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Marc Topkin is a sports reporter covering the Tampa Bay Rays. Reach him at [email protected].

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