What Notices must be sent to an FHA Borrower by the 45th day of delinquency?

Beginning on the 32nd Day, but no later than the 45th Day from the date payment was due, the Mortgagee must send a:

  • Notice of Homeownership Counseling Availability; and
  • Servicemembers Civil Relief Act (SCRA) Disclosure (form HUD-92070).

Notice of Homeownership Counseling Availability
The Mortgagee must provide a Borrower with a Delinquent Mortgage, a notice describing the availability of housing counseling offered by HUD-approved housing counseling agencies and by the Mortgagee. The Mortgagee may use the model Notification to Homeowners of Availability of Housing Counseling Services or create their own, so long as the Notification meets the requirements of Handbook 4000.1, III.A.2.h.ix.(A)(1).
If using the model Notification, the Mortgagee must not alter this Notification or use the HUD seal on any other document.
Servicemembers Civil Relief Act (SCRA) Disclosure
The Mortgagee must send the form HUD-92070, Servicemembers Civil Relief Act Notice Disclosure for the required notice of servicemember rights to all Borrowers in Default on a residential mortgage and must include the toll-free Military OneSource  number to call if servicemembers or their dependents require further assistance.
The Mortgagee must document in their servicing file the dates on which it sent the Notice of Homeownership Counseling Availability and the SCRA disclosure. The Mortgagee must be able to provide to HUD, upon request, the language in its Notice of Homeownership Counseling Availability.
Form HUD-92070, “Servicemembers Civil Relief Act Notice Disclosure” is located at: https://www.hud.gov/sites/dfiles/OCHCO/documents/92070.pdf
The Military OneSource toll free number is listed below and located on the web page at:
Toll-Free:  800-342-9647
En español llame al: 800-342-9647
TTY/TDD:  Dial 711 and give the toll-free number 800-342-9647

Any questions may be directed to the FHA Resource Center Toll-Free Telephone Number at (800) CALLFHA (225-5342) or by email to answers@hud.gov. Persons with hearing or speech impairments may reach this number by calling the Federal Relay Service at (800) 877-8339.

See policy in Handbook 4000.1 Section III.A.2.h.ix. at:  https://www.hud.gov/program_offices/administration/hudclips/handbooks/hsgh

All policy information contained in this knowledge base article is based upon the referenced HUD policy document. Any lending or insuring decisions should adhere to the specific information contained in that underlying policy document.

Topic Number: KA-04050