A borrower receives a "notice of default" when he falls behind on his mortgage payment, according to U.S. Legal. Parties with an interest in the property, such as a cosigner, have the right to request a copy of the notice of default.
For a party to receive a request for notice of default, he must give his address to the originator of the loan, according to the TD Service Company Foreclosure Dictionary.
A request for notice of default is important because it allows the interested parties, such as other lenders and the home owner's association, forewarning that their stake in the loan is at risk.
When the interested parties receive a notice of default, it means the borrower must immediately remit payment and other costs, such as filing fees, or the prime lender may take legal action, usually a foreclosure.
- US Legal: Notice of Default Law & Legal Definition
- Nolo. "Federal Laws That Protect Homeowners During Foreclosure. "Accessed March 31, 2020.
- Nolo. "California Foreclosure Laws and Procedures." Accessed March 31, 2020.
- California Legislature. "CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17]. "Accessed March 31, 2020.
- Nolo. "Laws Prohibiting Dual Tracking in the Foreclosure Context." Accessed March 31, 2020.
- State of California Department of Justice. "California Homeowner Bill of Rights." Accessed March 31, 2020.
- National Consumer Law Center. "Why Servicers Foreclose When They Should Modify and Other Puzzles of Servicer Behavior." Accessed March 31, 2020.
Russell Huebsch has written freelance articles covering a range of topics from basketball to politics in print and online publications. He graduated from Baylor University in 2009 with a Bachelor of Arts degree in political science.