HUD's loss mitigation waterfall
For FHA loans, HUD requires the servicer to evaluate the borrower for a specific sequence of options before foreclosing, including forbearance, a partial claim, a loan modification, and combinations, and to document the review. A servicer that skips steps or misapplies HUD's guidelines has violated the terms under which it can foreclose on an FHA loan, and that is a defense.
Carrington also services a portion of conventional loans. For those, the investor's rules apply, and David identifies the investor in writing at the start of the case.
How David handles a Carrington foreclosure
Every Carrington case starts the same way: a complete review of your loan history, every notice you received, and the servicing file we request under federal rules. That review often turns up misapplied payments, fee errors, or a defective Notice of Intention to Foreclose, and each one is leverage.
From there David opens the loss mitigation process with a complete application, requests the court's Foreclosure Mediation Program if you are an owner-occupant within 60 days of service, and files the answer and any adjournments so the sheriff's sale clock stops running while Carrington reviews your options. If Carrington violates servicing rules during that review, David raises it with the court.
Your rights with any mortgage servicer
Federal servicing rules under RESPA (12 C.F.R. Part 1024) apply to every servicer named on this site:
- A servicer generally cannot make the first foreclosure filing until you are more than 120 days delinquent.
- It must acknowledge a loss mitigation application within 5 business days and tell you what is missing.
- It may not move for judgment or conduct a sale while a complete application received more than 37 days before the sale is under review ("dual tracking").
- You can send a written Notice of Error or Request for Information and the servicer must respond, generally within 30 business days.
- In New Jersey, the Fair Foreclosure Act adds a 30-day Notice of Intention to Foreclose before suit and a right to cure up to final judgment.
Where your Carrington Mortgage Services case will be heard
New Jersey foreclosures are filed in the Superior Court of the county where the property sits, and each county sheriff runs sales on its own schedule with its own adjournment rules. See the county guide for your home:
- Hudson County
- Bergen County
- Essex County
- Union County
- Passaic County
- Middlesex County
- Monmouth County
- Mercer County
- Ocean County
- Somerset County
- Morris County
- Sussex County
- Warren County
- Burlington County
- Camden County
- Gloucester County
- Atlantic County
- Cape May County
- Cumberland County
- Salem County
- Hunterdon County
Other servicers
Servicer names are used to identify the company handling your loan. This page describes general processes and legal rights and is not affiliated with or endorsed by any servicer.