---
kind: "section"
citation: "12 C.F.R. § 1024.40"
title: "12"
number: "1024.40"
heading: "Continuity of contact."
url: "https://uscodex.org/cfr/12/1024.40"
---

# §1024.40. Continuity of contact.

- (a) **In general.** A servicer shall maintain policies and procedures that are reasonably designed to achieve the following objectives:
  - (1) Assign personnel to a delinquent borrower by the time the servicer provides the borrower with the written notice required by [§ 1024.39(b)](/cfr/12/1024.39.md?p=b), but in any event, not later than the 45th day of the borrower's delinquency.
  - (2) Make available to a delinquent borrower, via telephone, personnel assigned to the borrower as described in [paragraph (a)(1)](#a-1) of this section to respond to the borrower's inquiries, and as applicable, assist the borrower with available loss mitigation options until the borrower has made, without incurring a late charge, two consecutive mortgage payments in accordance with the terms of a permanent loss mitigation agreement.
  - (3) If a borrower contacts the personnel assigned to the borrower as described in [paragraph (a)(1)](#a-1) of this section and does not immediately receive a live response from such personnel, ensure that the servicer can provide a live response in a timely manner.
- (b) **Functions of servicer personnel.** A servicer shall maintain policies and procedures reasonably designed to ensure that servicer personnel assigned to a delinquent borrower as described in [paragraph (a)](#a) of this section perform the following functions:
  - (1) **Provide the borrower with accurate information about—**
    - (i) Loss mitigation options available to the borrower from the owner or assignee of the borrower's mortgage loan;
    - (ii) Actions the borrower must take to be evaluated for such loss mitigation options, including actions the borrower must take to submit a complete loss mitigation application, as defined in [§ 1024.41](/cfr/12/1024.41.md), and, if applicable, actions the borrower must take to appeal the servicer's determination to deny a borrower's loss mitigation application for any trial or permanent loan modification program offered by the servicer;
    - (iii) The status of any loss mitigation application that the borrower has submitted to the servicer;
    - (iv) The circumstances under which the servicer may make a referral to foreclosure; and
    - (v) Applicable loss mitigation deadlines established by an owner or assignee of the borrower's mortgage loan or [§ 1024.41](/cfr/12/1024.41.md).
  - (2) **Retrieve, in a timely manner—**
    - (i) A complete record of the borrower's payment history; and
    - (ii) All written information the borrower has provided to the servicer, and if applicable, to prior servicers, in connection with a loss mitigation application;
  - (3) Provide the documents and information identified in [paragraph (b)(2)](#b-2) of this section to other persons required to evaluate a borrower for loss mitigation options made available by the servicer, if applicable; and
  - (4) Provide a delinquent borrower with information about the procedures for submitting a notice of error pursuant to [§ 1024.35](/cfr/12/1024.35.md) or an information request pursuant to [§ 1024.36](/cfr/12/1024.36.md).

## Notes

### Source

Source: 78 FR 10876, Feb. 14, 2013, unless otherwise noted.

### Authority

Authority: 12 U.S.C. 2603-2605, 2607, 2609, 2617, 5512, 5532, 5581.

### Source

Source: 76 FR 78981, Dec. 20, 2011, unless otherwise noted.