Force Your Servicer to Confirm Your Application is Complete
"Incomplete application" is the #1 servicer excuse for stalling. California law requires them to acknowledge completeness in writing within 5 business days. If they won't, this demand letter forces the issue.
5 Days
To Acknowledge
CC § 2923.6
Protection Trigger
In Writing
Required Response
CFPB
Complaint Option
Why Completeness Matters
The "complete application" determination is the gateway to your HBOR and RESPA protections. Once your application is complete:
Dual tracking ban kicks in - No more foreclosure activity allowed
30-day evaluation deadline starts - Servicer must decide within 30 days
Sale postponement required - Any scheduled sale must be postponed
Appeal rights preserved - You get 14 days to appeal any denial
Servicer Games
Servicers exploit "incomplete" status to avoid HBOR protections. They'll request documents you already sent, claim faxes weren't received, or say they need "just one more thing" endlessly. Don't let them.
Under RESPA, an application is complete when the servicer has received all the information and documents it requires to evaluate all loss mitigation options for which the borrower may be eligible. This means:
If they haven't asked for additional documents within 5 days, it's complete
If they deny you, they're admitting it was complete (can't deny incomplete apps)
If they evaluate your income/expenses at all, they had complete info
Demand for Completeness Acknowledgment
Send this letter when the servicer has gone silent or keeps claiming your application is incomplete without specifying why:
[Your Name]
[Your Address]
[City, State ZIP]
[Date]
Via Certified Mail, Return Receipt Requested
Via Fax: [FAX NUMBER]
[Servicer Name]
Loss Mitigation Department
[Servicer Address]
[City, State ZIP]
Re: Demand for Complete Application Acknowledgment Under 12 CFR 1024.41(c)
Loan Number: [LOAN NUMBER]
Property: [PROPERTY ADDRESS]
Dear Loss Mitigation Department:
On [DATE], I submitted a complete loss mitigation application to your company. I have confirmation of delivery via [certified mail receipt / fax confirmation / portal upload timestamp].
Under 12 CFR 1024.41(b)(2)(i)(B), you were required to acknowledge completeness OR identify any missing documents within 5 BUSINESS DAYS.
More than 5 business days have passed since my submission. As of this date, I have NOT received:
□ Written acknowledgment that my application is complete, OR
□ Written notice identifying specific missing documents
LEGAL EFFECT OF YOUR SILENCE:
Under 12 CFR 1024.41, your failure to request additional documents within the required timeframe means my application is DEEMED COMPLETE. You are now bound by the complete application protections:
1. NO further foreclosure activity (12 CFR 1024.41(f))
2. 30-day evaluation deadline now running (12 CFR 1024.41(c)(1))
3. All sale dates must be postponed (12 CFR 1024.41(g))
DEMANDS:
1. Immediately confirm IN WRITING that my application is complete.
2. If you claim any documents are still missing, identify them SPECIFICALLY and explain why they were not requested within the 5-day deadline.
3. Provide your written decision on my modification application within 30 days.
4. Postpone any scheduled foreclosure sale.
CONSEQUENCES:
Your continued failure to respond will result in:
• CFPB complaint for RESPA violation
• DFPI complaint for HBOR violation
• Lawsuit for actual damages, statutory damages, and attorney's fees under CC § 2924.12
I expect written response within 5 BUSINESS DAYS of this letter.
Sincerely,
[Your Signature]
[Your Printed Name]
[Phone Number]
[Email Address]
Enclosures:
- Copy of original application
- Proof of delivery
- Any prior correspondence
cc: CFPB
California DFPI
Building Your Evidence File
To prove completeness, document everything:
What to Save
Proof of every submission - Fax confirmations with time stamps, certified mail receipts, portal screenshots
All servicer correspondence - Letters, emails, portal messages
Call logs - Date, time, rep name, what was discussed, any promises made
Their requests - Every document they asked for and when you provided it
Their silence - Note dates when you received no response within deadlines
Proof of Completeness Arguments
5-Day Rule: They didn't ask for more docs within 5 days = complete
Denial = Complete: If they denied your application, they evaluated it, meaning it was complete enough to evaluate
NPV Analysis: If they ran numbers on your income/expenses, they had what they needed
Verbal Confirmation: If a rep said it was complete, note their name and date
FAQ
This is a common stalling tactic. Combat it by:
Re-sending with fax confirmation or certified mail
Including a cover letter listing everything enclosed with dates of prior submissions
Demanding a single point of contact under CC § 2923.7
Filing a CFPB complaint for repeated document requests
This is why proof of delivery is critical. Counter with:
Fax confirmation showing successful transmission
Certified mail receipt with tracking showing delivery
Portal screenshots showing upload date/time
Demand they check their records—applications are logged
If you don't have proof, re-send immediately with tracking and start fresh.
Yes, but screenshot EVERYTHING immediately after upload. Portal records can be changed or deleted. Capture:
Document upload confirmation screens
Application status pages
Any messages or notifications
Timestamps visible on all screens
Some documents have 90-day freshness requirements, but servicers abuse this. Push back:
They should have evaluated faster if freshness was an issue
Ask what specific documents need updating
Update only what's truly necessary, not entire application