List mortgage delinquency dates and write no notice
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From dates in the file, list the 36-day live-contact point, the 45-day written-notice point, and whether a written notice was already given in the last 180 days. Write no notice.
- What the lawyer must review
- 12 C.F.R. section 1024.39 is an early-intervention rule for a mortgage servicer and a delinquent borrower. It is not a National Credit Code default notice. Paragraph (a) requires the servicer to establish, or make good faith efforts to establish, live contact no later than the 36th day of the delinquency and again no later than 36 days after each payment due date so long as the borrower remains delinquent, and then to inform the borrower about loss mitigation options if appropriate. Paragraph (b)(1) requires a written notice with the information in (b)(2) no later than the 45th day of delinquency and again no later than 45 days after each payment due date while the borrower remains delinquent, but not more than once in any 180-day period. If the borrower is still 45 days or more delinquent at the end of that period, the notice is given again no later than 180 days after the prior notice. If the borrower is then less than 45 days delinquent, the notice is given again no later than 45 days after the payment due date for which the borrower remains delinquent. Paragraph (b)(2) requires a statement encouraging contact, the telephone number for personnel assigned under section 1024.40(a) and the servicer's mailing address, a brief description of loss mitigation examples if applicable, application instructions or how to obtain more information if applicable, and the website for the Bureau or HUD counselor list plus the HUD toll-free number. Model clauses MS-4(A), MS-4(B), and MS-4(C) may be used. The lawyer decides whether a bankruptcy or Fair Debt Collection Practices Act section 805(c) exemption applies, including the bankruptcy timing, the ban on a request for payment, and the 190-day repeat in paragraph (d)(3). The tool writes no notice. The Cornell page is not the official edition.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.