Foreclosure Defense Servicer Errors

Force-Placed Insurance Is a Scam—Here's How to Fight It

Lender-placed insurance costs 5-10x more than normal coverage and protects only the lender, not you. Servicers get kickbacks for placing it. When they add $10,000+ to your escrow for insurance you didn't request, you have the right to fight back.

12 CFR 1024.37
RESPA Rules
5-10x
Price Markup
45 Days
Notice Required
15 Days
Refund Window

What is Force-Placed Insurance?

Force-placed insurance (also called lender-placed or creditor-placed insurance) is coverage the servicer buys on your behalf when they believe your property lacks adequate insurance. It's charged to your escrow account—often without your knowledge—and creates massive payment increases.

The Cost Comparison

Coverage Type Annual Premium Coverage
Regular Homeowner's Policy $1,500 - $3,000 Full coverage (structure, contents, liability)
Force-Placed Insurance $8,000 - $15,000+ Lender interest only (no contents, no liability)

The Kickback Problem

Servicers often have financial relationships with force-placed insurers—commissions, reinsurance arrangements, or affiliate ownership. They profit when they place this insurance on you, creating a conflict of interest.

RESPA Force-Placed Insurance Rules

Under 12 CFR 1024.37, servicers must follow strict procedures before force-placing insurance:

Required Notices

  1. First Notice (45 days before) - Must explain they don't have evidence of insurance, provide cost estimate, and explain how to provide proof
  2. Reminder Notice (30 days after first) - Must repeat the warning at least 30 days before purchasing force-placed insurance

Content Requirements

Each notice must:

15-Day Refund Rule

If you provide evidence of coverage within 15 days of force-placed insurance purchase, the servicer must cancel the policy and refund ALL premiums charged. This is mandatory under RESPA.

When Force-Placement is Wrongful

Common scenarios where force-placed insurance violates RESPA:

No Prior Notices

Servicer placed insurance without sending required 45-day and reminder notices

You Had Coverage

You maintained continuous coverage but servicer claims a "gap" or didn't receive proof

No Refund After Proof

You provided coverage proof but servicer refused to cancel and refund within 15 days

Excessive Coverage

Servicer placed coverage exceeding loan balance or property value—more than necessary

Sample Force-Placed Insurance Demand Letter

[Your Name] [Your Address] [City, State ZIP] [Date] Via Certified Mail, Return Receipt Requested [Servicer Name] [Servicer Address] [City, State ZIP] Re: Demand for Refund of Force-Placed Insurance Premiums Loan Number: [LOAN NUMBER] Property: [PROPERTY ADDRESS] Dear Sir or Madam: This is a Notice of Error under 12 CFR 1024.35 and demand for refund of wrongfully charged force-placed insurance premiums. BACKGROUND: On or about [DATE], you charged my escrow account [$X,XXX] for force-placed hazard insurance. This charge was improper for the following reason(s): [SELECT APPLICABLE REASON(S)] [ ] I MAINTAINED CONTINUOUS COVERAGE I have maintained continuous homeowner's insurance through [INSURANCE COMPANY], Policy Number [XXXXX]. Enclosed is my declaration page showing coverage was in effect from [DATE] through [DATE], with no lapse. [ ] YOU FAILED TO PROVIDE REQUIRED NOTICES Under 12 CFR 1024.37, you were required to provide: - First written notice at least 45 days before purchasing force-placed insurance - Reminder notice at least 30 days after the first notice I never received these required notices, or the notices did not comply with regulatory requirements. [ ] YOU FAILED TO REFUND AFTER RECEIVING PROOF I provided evidence of coverage on [DATE]. Under 12 CFR 1024.37(g), you were required to cancel the force-placed policy and refund all premiums within 15 days. You have failed to do so. DEMANDED RELIEF: 1. Immediately CANCEL the force-placed insurance policy 2. REFUND all force-placed insurance premiums charged: [$X,XXX] 3. REMOVE any shortage or arrearage created by these improper charges 4. RECALCULATE my escrow account without force-placed insurance projections 5. Correct any adverse CREDIT REPORTING resulting from these charges 6. Confirm all corrections in writing LEGAL BASIS: Under 12 CFR 1024.37, force-placed insurance can only be charged after proper notice and if the borrower fails to maintain required coverage. Violations of this regulation give rise to RESPA liability under 12 U.S.C. 2605(f), including actual damages, statutory damages up to $2,000 for pattern violations, and attorney's fees. California law provides additional protections under CC § 2954.7, which limits lender-placed insurance charges. I expect written confirmation of compliance within 15 days. Failure to respond will result in a complaint to the CFPB and California DFPI, and potential litigation. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Insurance declaration page(s) showing continuous coverage - Any prior correspondence with servicer regarding insurance

FAQ

Common reasons servicers claim lack of coverage:

  • Wrong mortgagee clause - Your policy doesn't list the current servicer correctly
  • Lost paperwork - They claim they never received proof (fax it AND mail certified)
  • Coverage amount dispute - They claim coverage is insufficient
  • Lapse claims - They allege a gap in coverage during policy renewal

Get a letter from your insurance company confirming continuous coverage and the exact dates, then dispute the force-placement in writing.

Maybe not entirely. Under RESPA:

  • Force-placed insurance must be cancelled within 15 days of receiving proof of coverage
  • They can only charge for the actual lapse period, not longer
  • They must refund any overlap period

If your policy lapsed from March 1-15 but they're charging for three months of force-placed insurance, dispute the excess charges. They're only entitled to charge for the 15-day gap.

This is the crisis that force-placed insurance creates. Steps to take:

  • Dispute immediately - Don't accept the charge as valid
  • Get your own coverage - Even expensive coverage is cheaper than force-placed
  • Request forbearance - If you can't afford the inflated payment
  • Consider legal action - If servicer violated RESPA, you may have claims

The servicer's improper force-placement cannot be the basis for foreclosure if it was wrongfully charged. This is a defense.

If the only reason you're "behind" is wrongful force-placed insurance charges, you have strong defenses:

  • The charges may be invalid under RESPA
  • You weren't actually in default—they created an artificial arrearage
  • Any foreclosure based on wrongful charges could be set aside

Document everything and fight the charges. If foreclosure is imminent, see my TRO Guide for emergency relief.

$240/hour

Fighting Force-Placed Insurance Charges?

I help California homeowners challenge wrongful force-placed insurance, demand refunds, and defend against foreclosure based on inflated escrow charges. If your servicer is gouging you on insurance, I can help.

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