Error Resolution (RESPA - Regulation X)

Error Resolution (Regulation X), part of the Real Estate Settlement Procedures Act (RESPA), gives you clear rights if you believe there may be an issue with your mortgage servicing. Below, you will find what you need to know about how to notify us and what happens after we receive your notice.

How to Submit a Notice of Error

If you wish to submit a Notice of Error, write to us at:

Landmark Credit Union

P.O. Box 510870

New Berlin, WI 53150-0870

In your letter, please provide the following information:

  • Account Information: Your name and account number. 
  • Description: Describe the error you believe has occurred.

Important Information

  • You must contact us at least 5 business days  before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. 
  • Writing a note on a payment coupon or statement tear off is not considered a Notice of Error. To receive the full protections available under Regulation X, your Notice of Error must be submitted in writing by letter.

What Counts as an Error?

Under Regulation X, an error may include issues with how your mortgage loan is serviced, such as: 

  • Problems with payments, including:
    • Not accepting a payment that follows your written instructions
    • Not applying your payment correctly to principal, interest, escrow, or other charges
    • Not crediting your payment on the day we receive it
  • Escrow issues, including: 
    • Not paying property taxes, insurance, or other escrow items on time
    • Not refunding an escrow balance when required
  • Fees that shouldn’t have been charged, including:
    • Late fees charged even though your payment was on time
    • Fees for services that were not provided
    • Unreasonable property management fees
    • Insurance placed on your property when it wasn’t required
  • Payoff or account information errors, including:
    • Providing an incorrect payoff amount
    • Giving inaccurate information about loss mitigation options or foreclosure
  • Servicing transfer problems, including:
    • Not transferring accurate loan servicing information to a new servicer
  • Foreclosure related issues, including:
    • Foreclosure actions that do not follow loss mitigation rules
  • Any other error related to the servicing of your mortgage loan

This list includes common examples, but it does not cover every possible error under Regulation X. 

What Doesn’t Count as an Error? 

Errors related to loan origination, underwriting, sale/securitization, or servicing transfer decisions (inaccurate information transfer does count).

What Happens After We Receive Your Notice?

Within 5 days (excluding weekends and legal holidays)

  • We will send you a written acknowledgement that we received your notice.

Within 30 days (excluding weekends and legal holidays)

  • We will investigate your notice and then:
    • Correct the error and notify you, or
    • Explain that no error occurred.

Note: In some cases, we may extend the investigation. If we do, the investigation can take up to 45 days (excluding weekends and legal holidays), and we will notify you if an extension is needed.

Your Protections During This Time:

  • We can’t charge fees or require payment on the disputed amount as a condition of investigating.
  • We won’t report the disputed payment as adverse to credit agencies for 60 days

After Our Investigation

  • If we correct the error: We will send a notice with details of the correction, the effective date, and contact information for any further assistance.
  • If no error is found: We will send a notice explaining our reasons and contact information for any further assistance. 
    • You have the right to request the documents and information we relied on to make this determination. If you request the documents and information we have relied on, we will provide them within 15 days (excluding weekends and legal holidays).
      • If some documents can’t be provided because they are confidential or protected, we will notify you in writing within the 15 days.
  • If we find other errors: We will send a notice of those errors, including corrections made, effective date, and contact information for any further assistance.

Important: If we determine that you owe any amount and it is not paid, it may be reported as delinquent.

Next Steps if You’re Not Satisfied

If you are dissatisfied with our decision, you can contact us in writing at:

Landmark Credit Union

P.O. Box 510870

New Berlin, WI 53150-0870

If you submit another Notice of Error about the same issue, we may not review it again unless you provide new information that wasn’t considered before and could reasonably change our prior decision. We will notify you in writing if we decide not to reopen the investigation. During any follow-up investigation, the same protections continue to apply to the disputed amount.