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Which notice must the servicer send the client once the mortgage is delinquent and before 45 days past due?

A- Notice of default
B- Notice of foreclosure
C- Notice of intent to accelerate the loan
D- Notice of homeownership counseling availability

1 Answer

2 votes

Final answer:

Before a mortgage is 45 days past due, servicers must send the Notice of Homeownership Counseling Availability to inform borrowers about HUD-approved counseling assistance. This helps borrowers address mortgage delinquency before it escalates into more serious issues like foreclosure. Option D is correct answer.

Step-by-step explanation:

When a mortgage becomes delinquent, federal regulations mandate that mortgage servicers must send specific notices to borrowers to ensure they are informed of their situation and available options. Before a mortgage reaches 45 days past due, the servicer is required to send a specific notice to the borrower. The notice you're referring to is known as the Notice of Homeownership Counseling Availability. This notice informs the borrower that they have access to housing counseling agencies approved by the Department of Housing and Urban Development (HUD), which can provide assistance and information about how to address the delinquency.

Moreover, this notice should not be confused with the Notice of Default, Notice of Foreclosure, or Notice of Intent to Accelerate the Loan, which are further steps in the foreclosure process should the delinquency not be resolved. The Notice of Default typically comes after the loan is significantly past due and is a formal indication that the borrower is in violation of their mortgage terms. The Notice of Foreclosure is an official communication that starts the legal process of foreclosure. The Notice of Intent to Accelerate warns the borrower that the entire balance of the loan may become due if the overdue payments are not made.

Providing this information early in the process helps borrowers understand the seriousness of their situation and encourages them to take action, potentially avoiding more severe repercussions like foreclosure. Therefore, the correct option in this case is D- Notice of Homeownership Counseling Availability.

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