24 C.F.R. § 203.602
Delinquency notice to mortgagor
The mortgagee shall give notice to each mortgagor in default on a form supplied by the Secretary or, if the mortgagee wishes to use its own form, on a form approved by the Secretary, no later than the end of the second month of any delinquency in payments under the mortgage. If an account is reinstated and again becomes delinquent, the delinquency notice shall be sent to the mortgagor again, except that the mortgagee is not required to send a second delinquency notice to the same mortgagor more often than once each six months. The mortgagee may issue additional or more frequent notices of delinquency at its option.
Notes of Decisions
Cited in 15
cases (3 in the last 5 years), 1985–2026 · leading case: Wilmington Sav. Fund Soc'y v. Salahuddin, 2020 Ohio 6934 (Ohio Ct. App. 2020).
Wilmington Sav. Fund Soc'y v. Salahuddin, 2020 Ohio 6934 (Ohio Ct. App. 2020). “56 evidentiary quality materials that it satisfied the conditions precedent contained in both 24 C.F.R. 203.602 and 203.604. Although Salahuddin construes compliance with the Department of Housing and Urban Development ("HUD") regulations as conditions precedent, appellate…”
Atlantica, L.L.C. v. Salahuddin, 2024 Ohio 5780 (Ohio Ct. App. 2024). “In particular, Salahuddin argued that Wilmington did not demonstrate its compliance with the conditions precedent to foreclosure set out in 24 C.F.R. 203.602 and 203.604, regulations that apply to federally insured mortgages for single-family homes.”
Wells Fargo Bank, N.A. v. Awadallah, 2015 Ohio 3753 (Ohio Ct. App. 2015). “Awadallah challenges the grant of summary judgment because, she argues, Wells Fargo failed to demonstrate compliance with two federal regulations, namely 24 C.F.R. 203.602 (delinquency notice to mortgagor) and 24 C.”
Bank of N.Y. Mellon for Nationstar Home Equity Loan Trust 2007-B v. Bridge, 2017 Ohio 7686 (Ohio Ct. App. 2017). “More particularly, they argue that Bank of New York Mellon failed to comply with the notice requirements of 24 C.F.R. 203.602 and the face-to-face meeting requirements of 24 C.”
Mfrs. Hanover Mortg. Corp. v. Snell, 370 N.W.2d 401 (Mich. Ct. App. 1985). “24 CFR 203.602. Absent certain enumerated circumstances, the lender must make a reasonable effort to arrange a face-to-face interview with the mortgagor before three full monthly installments due on the mortgage are unpaid.”
US Bank Nat'l Ass'n v. McMullin, 55 Misc. 3d 1053 (N.Y. Sup. Ct. 2017). “The face-to-face meeting requirement is not the only pre-foreclosure obligation of part 203 that comes with a strict deadline measured from the date of the borrower’s default (see 24 CFR 203.602 [requires notice of default to be sent to borrower "no later than the end of the…”
HSBC Bank USA, Natl. Trust Co. v. Teagarden, 2013 Ohio 5816 (Ohio Ct. App. 2013). “) (“[t]he HUD regulations, incorporated within the terms of the default and/or acceleration provisions, include those requirements found in 24 CFR § 203.602 and 24 CFR § 203.604 ,” and, “therefore, are conditions precedent”); U.”
Williams v. Wells Fargo Bank, N.A., 218 So. 3d 816 (Ala. Civ. App. 2016). “Specifically, the lender did not provide me with a copy of the HUD publication PA 426-H, May 19, 1997, How to Avoid Foreclosure[,] [a]s required by 24 CFR 203.602. In addition, [Wells Fargo] did not use reasonable means to address my delinquency, failed to inform me of available…”
McIntosh v. Wells Fargo Bank, N.A., 226 So. 3d 377 (Fla. 5th DCA 2017). “In their answer, Borrowers denied that Wells Fargo had satisfied all conditions precedent and asserted several affirmative defenses, including that Wells Fargo failed to comply with the HUD requirement to send proper delinquency notices under 24 C.F.R. § 203.602 (2016).…”
Fed. Nat'l Mortg. Ass'n v. Moore, 609 F. Supp. 194 (N.D. Ill. 1985). “24 C.F.R. § 203.602 . The regulations also require that, mortgagees give notice before beginning foreclosure.”
Bank of NY Mellon v. Urbanek, 2020 Ohio 985 (Ohio Ct. App. 2020). “Urbanek argues that BONY failed to show it complied with conditions precedent required by the United States Department of Housing and Urban Development (“HUD”), particularly those of 24 C.F.R. § 203.602 and § 203.604, requiring giving written notice of default and conducting a…”
Wilmington Sav. Fund Soc'y v. West, 2019 Ohio 1249 (Ohio Ct. App. 2019). “” 24 C.F.R. 203.602 {¶21} If the account is delinquent after the end of the second month, 24 C.”
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