---
title: "List loss-mitigation dates and write no borrower letter"
url: "https://ailawframework.com/practice/financial-services-regulation/respond-to-a-hardship-notice-under-the-national-credit-code/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A28-X20260927-5-US"
practice_area: "Financial Services Regulation (AFSL/ASIC/credit)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List loss-mitigation dates and write no borrower letter

> List the date an application arrived, any foreclosure-sale date in the file, and whether the file calls the application complete. Write no letter and do not decide that an option must be offered.

Canonical page: https://ailawframework.com/practice/financial-services-regulation/respond-to-a-hardship-notice-under-the-national-credit-code/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Financial Services Regulation (AFSL/ASIC/credit)](https://ailawframework.com/practice/financial-services-regulation.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the date an application arrived, any foreclosure-sale date in the file, and whether the file calls the application complete. Write no letter and do not decide that an option must be offered. |
| What the lawyer must review | 12 C.F.R. section 1024.41 sets loss-mitigation procedures for a mortgage servicer. It is not a hardship variation under the National Credit Code. Paragraph (a) says nothing in the section imposes a duty to provide any specific loss mitigation option. If an application is received 45 days or more before a foreclosure sale, paragraph (b)(2) requires a prompt completeness review and a written acknowledgment within 5 days, excluding legal public holidays, Saturdays, and Sundays. An incomplete-application notice states the missing documents and a reasonable date for submitting them. If a complete application is received more than 37 days before a foreclosure sale, paragraph (c)(1) requires the servicer, within 30 days, to evaluate the borrower for all loss mitigation options available and to give a written notice of which options, if any, it will offer. Paragraph (c)(3)(i) requires a complete-application notice within the same 5-day count, including that the application is complete, the date received, the expected 30-day evaluation, the foreclosure-protection statement that matches whether the first foreclosure notice or filing has been made, that more information may be requested, and that the borrower may have additional protections under state or federal law. Paragraph (e) allows the servicer to require acceptance or rejection no earlier than 14 days after the offer when the complete application was received 90 days or more before the sale, and no earlier than 7 days when it was received less than 90 days but more than 37 days before the sale. Paragraph (c)(2)(iii) allows a short-term forbearance or repayment plan on an incomplete application, with a prompt written notice of the payment terms and duration, that the offer rested on an incomplete application, that other options may be available, and that the borrower may submit a complete application. While the borrower performs under that program or plan, the servicer shall not make the first foreclosure notice or filing, move for foreclosure judgment or an order of sale, or conduct a sale. The lawyer writes every borrower notice. The Cornell page is not the official edition. |
| Written for | United States |
| Applies to | [Respond to a hardship notice under the National Credit Code](https://ailawframework.com/practice/financial-services-regulation/respond-to-a-hardship-notice-under-the-national-credit-code.md) |

## Checking plan

- What the AI does: List the date an application arrived, any foreclosure-sale date in the file, and whether the file calls the application complete. Write no letter and do not decide that an option must be offered.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not decide that a loss-mitigation option must be offered.
- The reasonable-date sentence states no formula. Do not invent one.
- Confirm the official edition. The linked page is a Cornell copy.

## Sources

- [12 C.F.R. section 1024.41, Loss mitigation procedures](https://www.law.cornell.edu/cfr/text/12/1024.41) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Hardship notice response letters under the National Credit Code (information request, decision and notice of change)](https://ailawframework.com/precedents/financial-services-regulation/hardship-notice-response-letters.md) | Letter | Yellow | Three linked letters for a credit provider responding to a debtor’s hardship notice: a request for information within 21 days, a decision letter that either records the agreed change or gives… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*
