Notice of Intention to Foreclose Template

In plain language: Identifies the lender, the borrower, the date of the notice, and the property address in a formal header block.

Common mistake: Using a trade name instead of the lender's full legal entity name. A notice issued in the wrong name can be challenged as defective and restart the cure period.

In plain language: Cites the original loan instrument by document date and recording number, and states precisely what obligation has been breached.

Common mistake: Omitting the recording instrument number. Without it, the borrower — or a court — cannot independently verify the lien, weakening the notice's legal standing.

In plain language: Itemizes the exact sums owed to cure the default, including missed principal and interest payments, late fees, and any advanced costs.

Common mistake: Stating a single lump-sum figure without itemization. Unitemized amounts are routinely disputed by borrowers and may not satisfy statutory cure-notice requirements.

In plain language: Invokes the acceleration clause in the loan documents, declaring the full outstanding balance immediately due if the default is not cured within the stated period.

Common mistake: Accelerating the loan in the same sentence as the cure offer, without a clear sequence. Courts have invalidated notices where acceleration appeared unconditional rather than contingent on the cure period lapsing.

In plain language: States the specific date by which the borrower must pay the arrears to reinstate the loan, and tells the borrower exactly how to make that payment.

Common mistake: Giving a cure period shorter than the statutory minimum for the governing jurisdiction. A notice with an insufficient cure period is void and restarts the entire notice clock.

In plain language: The operative sentence stating that the lender will commence foreclosure proceedings if the default is not cured by the deadline.

Common mistake: Using conditional or uncertain language such as 'may commence' or 'reserves the right.' Vague intent language has been held insufficient to satisfy pre-foreclosure notice statutes in several jurisdictions.

In plain language: Informs the borrower of their right to contact a HUD-approved housing counselor, seek legal advice, or apply for a loss-mitigation option before the cure deadline.

Common mistake: Omitting borrower-assistance information entirely. Federal servicing guidelines and several state statutes require this disclosure; its absence can expose the lender to a wrongful-foreclosure claim.

In plain language: Identifies the state law governing the foreclosure, the lender's contact for cure inquiries, and a statement that the notice does not waive any rights.

Common mistake: Failing to name a specific contact person or direct phone number. Borrowers who cannot reach a live contact for cure instructions — and then miss the deadline — sometimes succeed in setting aside the foreclosure on equitable grounds.

A notice of intention to foreclose is a formal letter a lender sends to a defaulting borrower before commencing foreclosure proceedings on the secured property. It states the nature and amount of the default, gives the borrower a defined period to cure the default and reinstate the loan, and declares the lender's intent to begin foreclosure if payment is not received by the deadline. In most US states and Canadian provinces, this notice is a mandatory statutory prerequisite to any foreclosure action.

In most jurisdictions, yes. The specific requirements — minimum cure period, required disclosures, and delivery method — vary by state or province. Federally backed loans (FHA, VA, USDA) have additional HUD and agency-specific notice requirements on top of state law. Proceeding with a foreclosure without a compliant notice exposes the lender to a wrongful-foreclosure claim and can void the sale.

The minimum waiting period — the cure period — ranges from 20 days to 120 days depending on the jurisdiction and loan type. For example, California requires 30 days for most residential loans, while New Jersey requires 30 days plus additional loss-mitigation steps. Lenders should verify the applicable statute for the property's location before setting the cure deadline in the notice.

If the borrower delivers the full cure amount in certified funds by the stated deadline, the loan is reinstated to current status and the foreclosure process stops. The lender must accept a timely, complete cure payment in most jurisdictions — refusing a valid cure payment can expose the lender to damages. A reinstatement does not erase the borrower's default history or waive the lender's right to foreclose on a subsequent default.

Yes. A borrower who believes the stated default amount is incorrect should respond in writing to the lender's contact person before the cure deadline, identifying the specific discrepancy and providing supporting documentation. An itemized cure amount — rather than a single lump sum — reduces disputes by making the calculation transparent and auditable.

The terms are often used interchangeably but have distinct meanings in some jurisdictions. A notice of default (NOD) is typically a document recorded with the county recorder in non-judicial foreclosure states, officially commencing the public foreclosure timeline. A notice of intention to foreclose is a direct communication to the borrower — sent before or alongside the NOD — that satisfies the borrower-notification requirement. In many states, both steps are required.

No. Sending a foreclosure-intent notice does not lock the lender into foreclosure or prevent it from offering or accepting a loan modification, repayment plan, short sale, or deed-in-lieu before the cure deadline passes. Many lenders issue the notice to start the statutory clock while simultaneously reviewing the borrower's loss-mitigation application.

For straightforward private or hard-money loans in states with simple non-judicial foreclosure procedures, a well-drafted template sent by certified mail is typically sufficient for the notice step. However, for residential mortgages subject to federal servicing rules, loans in judicial-foreclosure states, or situations involving bankruptcy or disputed title, engaging a foreclosure attorney before sending any notice is strongly recommended.