ERROR RESOLUTION (REG X)

This notice tells you about your rights and our responsibilities under Regulation X.

What To Do If You Wish to Assert An Error

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

Associated Bank
WE CARE Department, MS 7722
1305 Main Street
Stevens Point WI 54481

In your letter Notice, please provide the following information:

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

A note on a payment coupon or statement tear off is not considered a Notice of Error.

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.

To be guaranteed the protections provided for under Regulation X, you must assert errors in writing.

The error resolution rules apply to the following categories of errors: (§ 1024.35(b))

  1. Failure to accept a payment that conforms to any written requirements that the consumer must follow in making payments.
  2. Failure to apply an accepted payment to principal, interest, escrow, or other charges under the terms of the mortgage loan and applicable law
  3. Failure to credit a payment to a consumer’s mortgage loan account as of the date of receipt, in violation of the prompt crediting provisions in 12 CFR 1026.36(c)(1)
  4. Failure to pay taxes, insurance premiums, or other charges, including charges that the consumer has voluntarily agreed that you should collect and pay, in a timely manner as required by the escrow provisions (§ 1024.34(a)), or to refund an escrow account balance as required (§ 1024.34(b))
  5. Imposition of a fee or charge that you lack a reasonable basis to impose upon the consumer, which includes, for example, a late fee for a payment that was not late, a charge you imposed for a service that was not provided, a default property-management fee for consumers who are not in a delinquency status that would justify the charge, or a charge for force-placed insurance in a circumstance not permitted by the force-placed insurance provisions. (§ 1024.37)
  6. Failure to provide an accurate payoff balance amount upon a consumer’s request within 7 days in violation of 12 CFR 1026.36(c)(3).
  7. Failure to provide accurate information to a consumer regarding loss mitigation options and foreclosure, as required by the early intervention provisions of this rule. (§ 1024.39)
  8. Failure to transfer accurately and timely information relating to the servicing of a consumer’s mortgage loan account to a transferee servicer
  9. Making the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process in violation of the loss mitigation procedures of this rule. (§ 1024.41(f) or (j))
  10. Moving for foreclosure judgment or order of sale, or conducting a foreclosure sale in violation of the loss mitigation procedures of this rule. (§ 1024.41(g) or (j))
  11. Any other error relating to the servicing of a consumer’s mortgage loan.

The following are not errors for purposes of § 1024.35:

  1. An error relating to the origination of a mortgage loan;
  2. An error relating to the underwriting of a mortgage loan;
  3. An error relating to a subsequent sale or securitization of a mortgage loan;
  4. An error relating to a determination to sell, assign, or transfer the servicing of a mortgage loan. However, an error relating to the failure to transfer accurately and timely information relating to the servicing of a borrower's mortgage loan account to a transferee servicer is an error for purposes of § 1024.35.

Unreasonable basis. For purposes of § 1024.35(b)(5), a servicer lacks a reasonable basis to impose fees that are not bona fide, such as:

  1. A late fee for a payment that was not late;
  2. A charge imposed by a service provider for a service that was not actually rendered;
  3. A default property management fee for borrowers that are not in a delinquency status that would justify the charge; or
  4. A charge for force-placed insurance in a circumstance not permitted by § 1024.37.

What Will Happen After We Receive Your Notice of Error

When we receive your Notice, we must:

  1. Provide you with a written response acknowledging receipt within 5 days (excluding legal public holidays, Saturdays and Sundays).
  2. Correct the error and provide you written notification of the correction, or conduct an investigation and provide the consumer written notification that no error occurred within 30 to 45 days (excluding legal public holidays, Saturdays and Sundays).
  3. Provide the information or conduct a reasonable search for the requested information and provide you with a written notification explaining why the information is not available within 30 to 45 days (excluding legal public holidays, Saturdays and Sundays).

Payment requirements prohibited. A servicer shall not charge a fee, or require a borrower to make any payment that may be owed on a borrower's account, as a condition of responding to a notice of error.

Adverse information. After receipt of a notice of error, a servicer may not, for 60 days, furnish adverse information to any consumer reporting agency regarding any payment that is the subject of the notice of error.

Remedies permitted. Nothing in these requirements limits or restricts a servicer or lender from pursuing any remedy it has under applicable law, including initiating foreclosure or proceeding with a foreclosure sale, except as set forth in the errors categories above, under 8 and 9.

After we finish our investigation, one of two things will happen:

  • If we correct an error, we will send you a written notification explaining:
  1. The correction we made
  2. The effective date of the correction
  3. Our contact information, including a telephone number, for further assistance
  • If we determine after a reasonable investigation that no error occurred, we will send you a written notification explaining:
  1. That no error occurred
  2. The reason(s) for our determination
  3. A statement of the consumer’s rights to request the documents we relied upon to reach our determination and information regarding how the consumer can request such documents.
  4. Our contact information, including telephone number, for further assistance

If we have found a different or additional error during our investigation, we will send you written notification explaining:

  1. The errors identified
  2. The action taken to correct the errors
  3. The effective date of the correction
  4. Our contact information, including telephone number, for further assistance

Your Rights If We Determine No Error Occurred

If you are dissatisfied with the outcome of the research, you can request the documents that were relied upon to determine that no error occurred. These documents will be sent to you within 15 days of the received request.

If you are still dissatisfied, contact us in writing at:

Associated Bank
WE CARE Department, MS 7722
1305 Main Street
Stevens Point WI 54481

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.