Loan Sale Disclosure Notice

What is a Loan Sale Disclosure Notice and How Does It Affect You?

A Loan Sale Disclosure Notice is a formal notification sent by your loan servicer when your loan is sold or transferred to a new owner or servicer. It informs you about the change and provides details about the new servicer, ensuring you know where and how to make payments going forward without altering your original loan terms.

When you take out a loan—whether it’s a mortgage, student, auto, or personal loan—you may assume that you’ll always work with the same lender or servicer. However, loans frequently get sold or transferred in the financial marketplace. When this happens, lenders are required to send you a Loan Sale Disclosure Notice to inform you about the change.

Why Are Loans Sold?

Loans are sold for several business reasons:

  • Freeing Up Capital: Selling loans allows lenders to recoup funds, which they can then use to issue new loans.
  • Risk Management: Lenders may sell loans to reduce exposure to certain risks or balance their portfolios.
  • Specialization: Companies often specialize in either loan origination or servicing.
  • Investor Demand: Investors seeking steady income may purchase loan portfolios.

What Does a Loan Sale Disclosure Notice Include?

The notice provides critical information such as:

  • The effective date when the new servicer takes over
  • Contact details for both the old and new servicers
  • Confirmation that your loan terms like interest rate and repayment schedule will not change due to the sale
  • Instructions regarding payments and customer service
  • For mortgage loans, a federally mandated 60-day grace period protecting you from late fees if payments are sent to the old servicer mistakenly

Legal Protections and Requirements

Federal laws like the Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA) require lenders to notify borrowers at least 15 days before a servicing transfer. This helps prevent missed or misdirected payments.

What Changes and What Remains the Same?

Feature Remains the Same Changes
Loan Terms Interest rate, payment amount, due dates Servicer handling the loan changes
Loan Balance Outstanding principal remains unchanged Payment address and online portal may change
Escrow Account Transfers with the loan Managed by the new servicer

How Should Borrowers Respond?

  • Read the notice carefully
  • Update automatic payments with the new servicer’s details
  • Keep the notice for your records
  • Confirm payment information to avoid delays
  • Contact the new servicer for any questions after the transfer

Common Misconceptions

  • The sale does not change your loan’s interest rate or terms.
  • You do not need to reapply or get approval for the sale.
  • Loan sales are typical business practices, not signs of lender bankruptcy.
  • Your obligation to repay remains unchanged.

For borrowers looking for more information on managing loan servicing and payments, see our article on Student Loan Servicer and Online Loan Servicing Portal.

Additional Resources

Understanding a Loan Sale Disclosure Notice helps you stay informed and ensures uninterrupted loan payments even when ownership or servicers change hands.

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Retention of Servicing

Retention of servicing occurs when your original mortgage lender sells your loan but keeps managing the day-to-day tasks like payment collection. This means you still interact with the lender you know, even though another investor owns your loan.

Loan Assumption

Loan assumption allows a new borrower to take over an existing mortgage, maintaining the original loan terms such as interest rate and balance, with lender approval.

Interim Servicer Notification

An Interim Servicer Notification is a letter informing borrowers that a temporary loan servicer will manage their loan payments before the permanent servicer takes over. This notice is a common and brief step in the mortgage servicing process.

Business Continuity in Loan Servicing

Business Continuity in Loan Servicing ensures loan servicers maintain critical functions like payment processing and customer support during unexpected events, protecting borrowers and the financial system.