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Foreclosure Disclosure Statement

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FORECLOSURE DISCLOSURE STATEMENT

This Foreclosure Disclosure Statement ("Statement") is made between Lender Name: and Borrower Name: regarding the real property located at Property Address: . Loan Number: .

Recitals

WHEREAS, Lender is the holder or servicer of a promissory note and deed of trust or mortgage executed by Borrower securing repayment of sums advanced under the Loan evidenced by Loan Number: ; and the security instrument encumbers the Property Address identified above.

WHEREAS, Borrower is in default under the terms of the promissory note and security instrument for failure to make payments when due, and Lender has declared the entire outstanding principal balance and accrued interest to be immediately due and payable pursuant to the terms of the loan documents; and

WHEREAS, Lender intends to proceed with foreclosure in accordance with applicable law and provides this Statement to disclose the amounts, dates, and procedural rights relevant to the foreclosure.

NOW, THEREFORE, in consideration of the mutual covenants and for other good and valuable consideration, the parties agree as follows:

1. Definitions

For purposes of this Statement, the following terms shall have the meanings set forth below: "Loan" means the promissory note and related security instrument referenced in the Recitals; "Property" means the real property at the Property Address; "Default" means Borrower's failure to perform an obligation under the Loan; "Trustee" means the person or entity designated to conduct any trustee's sale, if applicable.

2. Background and Defaults

Date of First Default: / / . Lender delivered Notice of Default dated: / / .

3. Foreclosure Procedure and Type

Foreclosure Type (select one):

If non-judicial, Trustee Name: . Anticipated trustee's sale date (if scheduled): / / .

4. Itemized Amounts Due

5. Reinstatement, Cure and Redemption Rights

Borrower may have the right to cure the Default by tendering payment of the Total Amount Due set forth above prior to the consummation of a foreclosure sale, subject to the terms of the Loan documents and applicable law. If reinstatement is sought, Borrower should contact Lender to obtain the precise reinstatement figure and acceptable methods of payment. Nothing in this Statement extends any court-ordered deadline.

6. Notices and Service

Notices under this Statement shall be given in writing and delivered in accordance with the Loan documents. Delivery to the addresses above is deemed sufficient for the purpose of any required notice.

7. Representations and Warranties

Lender represents and warrants that, to the best of its knowledge after reasonable inquiry, the amounts set forth in Section 4 are accurate as of the date of this Statement and that Lender has the authority to pursue foreclosure as disclosed herein. Borrower acknowledges receipt of this Statement and represents that Borrower has reviewed the amounts and disclosures and understands the described rights and procedures.

8. Remedies; Foreclosure Procedure

Upon expiration of any applicable cure period, Lender may exercise all remedies available under the Loan documents and applicable law, including acceleration of the indebtedness and sale of the Property. Lender's exercise of remedies shall be without waiver of any other right or remedy. Costs of foreclosure, including trustee and attorney fees reasonably incurred, shall be added to the amounts due as permitted by law.

9. Certification by Lender

The undersigned authorized representative of Lender certifies under penalty of perjury that the foregoing statements are true and accurate to the best of the signatory's knowledge and that the person signing on behalf of Lender is authorized to execute this Statement.

10. Governing Law

This Statement shall be governed by and construed in accordance with the laws of the State where the Property is located, without regard to conflict of law principles.

11. Entire Agreement

This Statement constitutes the entire written disclosure by Lender regarding the matters described herein and supersedes all prior written disclosures expressly relating to the same subject matter. It is not intended to modify the Loan documents except to the extent expressly stated in a separate written agreement signed by the parties.

12. Severability

If any provision of this Statement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

13. Amendment and Waiver

No amendment, modification, or waiver of any provision of this Statement shall be effective unless made in a written instrument signed by the party or parties to be bound. No failure or delay by any party in exercising any right shall operate as a waiver of that right.

14. Counterparts; Execution

This Statement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile and electronic signatures shall be binding for all purposes.

15. Additional Information / Remarks

Lender Printed Name:

By:

Date:

Borrower Printed Name:

By:

Date:

Enter text✕

What the Foreclosure Disclosure Statement Is

Foreclosure Disclosure Statement is a formal written disclosure used in U.S. mortgage and foreclosure processes to inform borrowers, lienholders, and other interested parties about the status, timelines, and legal implications of a foreclosure action. It typically summarizes the property, mortgage details, notices sent, amounts due, and options for reinstatement or loss mitigation. Lenders, servicers, or trustees prepare this statement to satisfy statutory notice requirements, clarify deadlines, and document amounts and contacts. Use of an accurate, complete statement helps preserve legal rights and supports transparent communication throughout the foreclosure lifecycle.

Why a Clear Statement Matters

Providing a clear Foreclosure Disclosure Statement reduces dispute risk, documents required notices, and ensures parties understand amounts due and cure deadlines. For lenders and servicers, it supports compliance with state notice laws and federal principles under ESIGN and UETA when delivered electronically.

Why a Clear Statement Matters

Who Prepares and Receives This Statement

Typical users include mortgage servicers, trustees, secured creditors, borrowers, and attorneys involved in the foreclosure process.

  • Mortgage servicers preparing notices, accounting, and loss mitigation options for borrowers.
  • Borrowers and their legal representatives reviewing amounts due, deadlines, and cure procedures.
  • Trustees, lienholders, and title companies verifying lien priority, payoffs, and recording status.

Other stakeholders include housing counselors, bankruptcy trustees, and court clerks when judicial steps or filings are involved.

Stepwise Process to Prepare and Send

Follow this step-by-step sequence to prepare, verify, and distribute a compliant Foreclosure Disclosure Statement accurately.

  • 01
    Gather Documents: Collect mortgage, payment history, and title documents.
  • 02
    Calculate Payoff: Compute principal, interest, fees, and escrow shortages.
  • 03
    Prepare Statement: Populate fields, include notice dates, and itemized charges.
  • 04
    Review & Send: Verify figures, obtain signatures, and serve per law.

Configuring an Online Workflow

Configure online workflows to automate population, signature capture, routing, and secure delivery of the statement.

Field Configuration
Autofill and Templates Use templates and Magic Fields to auto-populate borrower and loan data.
Routing and Roles Set signer order and role-based access for trustees and borrowers.
Authentication Methods Choose email, SMS code, or knowledge-based verification.
Document Retention Specify retention period, export formats, and audit trail storage.

How Electronic Submission Typically Works

Typical routing for e-submission ensures secure delivery, signer authentication, and an auditable record of execution.

  • Upload: Upload completed template and attach supporting documents.
  • Place Fields: Add signature, initials, and date fields where required.
  • Authenticate Signer: Use email link, SMS code, or KBA depending on risk.
  • Complete & Archive: Capture certificate of completion and save a tamper-evident copy.

Essential Elements of a Professional Statement

A professional Foreclosure Disclosure Statement includes clear itemization, statutory notices, claimant details, timelines, signature blocks, and a certified audit trail to support recordkeeping and potential litigation.

Itemized Charges

Provide line-by-line amounts for principal, interest, late fees, escrow shortages, attorney fees, and other costs. Include calculation dates and formulas to allow independent verification and avoid post-notice disputes over balances.

Statutory Notices

Insert required state-specific disclosures, right-to-cure language, and any federally mandated notices. Ensure notices meet method and timing requirements under applicable state statutes and ESIGN/UETA when delivered electronically.

Contact Details

List lender, servicer, trustee, and legal counsel contact information with mailing, phone, and email. Accurate contacts reduce delays in cure or loss mitigation and are often required for valid service of process.

Timeline & Deadlines

Display timelines for notice, cure period, sale dates, and statutory redemption. Clearly identify deadline dates and the calculation method so parties can determine rights and avoid missed opportunities to reinstate.

Signature Blocks

Include signature and date fields for borrower, authorized servicer, and trustee. Note when notarization or witness signatures are required and provide space for notary acknowledgements or jurat blocks.

Audit Trail

Attach or generate a detailed audit trail capturing timestamps, IP addresses, signer authentication method, and document history. Maintain tamper-evident copies to meet evidentiary standards in court or regulatory review.

Required Information Checklist

Borrower Name: Full legal name as on ID
Loan Number: Servicer loan or account number
Amounts Owed: Itemized balances and calculation date
Notice Dates: Mailing and delivery dates recorded
Contact Information: Lender, servicer, and counsel contacts
Signatures & Notary: Signatures, dates, and notarization details

Key Deadlines and Date-Sensitive Steps

Key dates and statutory deadlines govern notice, cure, sale, and redemption periods; missing dates can affect rights and remedies.

Notice Mailing:

Mail or post notice per state statute; service method affects start date.

Cure Period:

Specified time to reinstate mortgage before sale; varies by state.

Sale Date:

Public sale scheduled after required notices; may be postponed.

Redemption Period:

Statutory right to reclaim property post-sale where applicable; state-dependent.

Record Retention:

Keep copies of notices, calculations, and service proofs for required retention.

Notarization and Witness Steps to Follow

Authentication steps for notarization and witness presentation outline who must sign, how identity is verified, and required recording or certificates.

01

Identify Signers

Verify each signer's legal name and authority to sign.

02

Require ID

Request government-issued ID for identity proofing.

03

Notary Presence

Notary must witness signature physically or via RON as allowed.

04

Witnesses

Add witness signatures where state law or county requires.

05

Notarial Certificate

Complete acknowledgment or jurat with venue and official wording.

06

Record AV

For RON, retain audio‑visual recording per state rules.

07

Journal Entry

Notary logs transaction, signer ID, and fee in official journal.

08

File Proof

Attach proof of service, certified mail receipts, or filing stamps.

Common Preparation Pitfalls

  • Incomplete or inaccurate itemization of fees and dates leads to disputes, delays in processing, and potential challenges to the validity of the notice in court or administrative proceedings.
  • Serving the disclosure using an incorrect method or outside statutory timelines can render the notice ineffective and may require re‑service, prolonging foreclosure timelines.
  • Mismatched borrower names, loan numbers, or property descriptions cause administrative rejection, trigger identity verification failures, and may force lenders to reissue corrected notices.
  • Omitting notarization or witness blocks where state law requires them risks procedural defects and could delay sales or invalidate post-sale claims.

Short-Form Risks and Penalties

Service Failure: May void notice
Statutory Delay: Postponement of sale dates
Litigation Exposure: Increased risk of claims
Regulatory Fines: State penalties possible
Title Problems: Clouded title or disputes
Reissuance Costs: Additional legal and mailing costs

Basic eSignature Pricing and Feature Comparison

Compare baseline pricing and key enterprise features to evaluate eSignature options for issuing Foreclosure Disclosure Statements and related documents.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Delivery Channels and Technical Requirements

Delivery options for electronic Foreclosure Disclosure Statements include email links, secure portals, RON notarization, and certified mail where required by statute.

  • Supported Formats: PDF, DOCX, and HTML accepted.
  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace.
  • Authentication Options: Email link, SMS code, KBA, or SSO.

Frequently Asked Questions and Practical Answers

Answers to common questions about completing, validating, and delivering a Foreclosure Disclosure Statement, including eSignature and notarization concerns.


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