Federal Notice Requirements
For mortgages: contact within 36 days of delinquency, written notice within 45 days of loss mitigation options, and 120-day wait before filing foreclosure.
State Requirements
State requirements layer on top: specific days of written notice, notice of right to cure with exact amount, free counseling information, and in some states mediation requirements.
What the Notice Must Contain
A valid notice must include: statement of default, specific nature (which payments missed), exact cure amount, cure deadline, consequences if you do not cure, and your legal rights.
Frequently Asked Questions
What if I never received the notice?
The repossession or foreclosure may be challenged. File a motion to set aside. The burden is on the lender to prove they sent proper notice.
Does email count as notice?
In most states, no. Statutory requirements typically require written mail (often certified). Check your state law and loan agreement.
What if the notice has the wrong cure amount?
A notice with an incorrect amount may be defective. If you paid the stated amount, you have a strong argument that you cured.
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