Dec262025
Real Estate Q&A Series

How do I regain access to my mortgage payment history and ensure my payments are being credited? – North Carolina

Short Answer

In North Carolina, a mortgage servicer must generally accept and credit a full contractual payment within one business day when it is received at the designated payment address, and it must give written notice if it does not credit a payment. A person who has been making payments and believes the account is wrong can also send a written request for information and demand a written payment history and itemization, which the servicer must provide on set timelines. If the servicer will not share account access because the person is not listed on the loan, the quickest practical step is usually to submit the servicer’s “successor in interest” paperwork and, in parallel, send a written request for the payment history and account status.

Understanding the Problem

In North Carolina, can a surviving spouse regain access to a mortgage account’s payment history and confirm that monthly payments are being applied correctly when the servicer says the spouse is not “on the mortgage” and requires a successor-in-interest form before sharing information or updating the account? This issue usually comes up after a homeowner dies, the home title passes by right of survivorship, and the surviving spouse continues making payments but cannot see the online account or confirm how payments were applied. The goal is to (1) restore reliable access to account records and (2) force clear written accounting of payments, fees, escrow activity, and any “suspense account” holds that can make an account look delinquent even when payments were sent.

Apply the Law

North Carolina law imposes specific mortgage servicing duties that help a person verify whether payments are being credited and obtain an account history. State law requires prompt crediting of full contractual payments received at the proper payment address and requires written notice when a payment is received but not credited. State law also gives a “borrower” the right to submit a written request for information or dispute about the account and receive written statements and a detailed payment history on defined timelines. Separately, North Carolina law allows an “entitled person” (or that person’s authorized agent) to request a payoff statement and requires the secured creditor to provide it within a set number of days.

Key Requirements

  • Use a written request tied to the account: The request should identify the borrower name(s), property address, and loan/account number (if known) and state that the account is or may be in error or that specific information is being requested.
  • Ask for the correct documents: The most useful items are a full payment history (including suspense and escrow activity), an itemization of fees and charges, and the current status (current vs. default, with dates and amounts).
  • Track the servicer’s statutory response timelines: North Carolina law includes a 10-business-day deadline for a written status-style statement and a 25-business-day deadline for a more detailed package (including payment history and fee itemization) after a compliant written request.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the surviving spouse has been making mortgage payments but lost access to account information and worries payments are not being applied. Under North Carolina law, the servicer generally must credit full contractual payments promptly and must explain in writing if it receives a payment but does not credit it. The spouse’s most direct way to force clarity is to send a written request that demands the payment history (including suspense and escrow activity), the current account status, and an itemization of fees and charges, and then measure the servicer’s response against the 10- and 25-business-day timelines.

Process & Timing

  1. Who files: The person making the payments (often the surviving spouse) or a lawyer acting as authorized agent. Where: With the mortgage servicer (not the Register of Deeds). What: A written “request for information / dispute of account” that asks for (i) account status and default details, (ii) a full payment history showing debits, credits, escrow, and any suspense account, and (iii) an itemization of fees and charges. When: Send as soon as account access is lost or a misapplication is suspected; request timelines under state law include 10 business days for a written statement and 25 business days for the detailed history package after a compliant request.
  2. In parallel, complete successor documentation: If the servicer refuses to talk or grant online access because the spouse is not listed as the borrower, submit the servicer’s “successor in interest” packet promptly (typically with proof of death and proof of ownership/right of survivorship). This step often solves the practical access problem even when the legal right to a written accounting exists.
  3. Verify crediting and correct errors: Compare the servicer’s payment history to proof of payments (bank statements, canceled checks, online bill-pay confirmations, or money order receipts). If the history shows a payment in “suspense,” missing credits, or unexplained fees, send a follow-up written dispute identifying the specific transactions that appear wrong and demand correction.

Exceptions & Pitfalls

  • “Not on the mortgage” vs. “signed the deed of trust”: A person can sign the deed of trust (the lien instrument) without signing the promissory note (the repayment promise). Servicers often limit phone/online access to “borrowers” on the note, so successor documentation may still be needed to restore access.
  • Incomplete written requests: If the letter does not clearly identify the account and does not state that the account is or may be in error (or does not clearly describe the information sought), the servicer may delay or deny the response. A tight, specific request works best.
  • Suspense account issues: If a payment is short, missing information, or does not match the “full contractual payment,” servicers may hold funds in suspense instead of crediting them. The written payment history should be reviewed for suspense activity and escrow disbursements.
  • Payment method problems: Payments made to the wrong address, without the correct account number, or through a third party without clear identification can be harder to match to the loan history. Proof of payment should include the memo line/account reference whenever possible.

Conclusion

In North Carolina, a mortgage servicer generally must credit full contractual payments promptly and must send written notice if it receives a payment but does not credit it. When access is lost or payments appear misapplied, a written request for information can require the servicer to provide account status information within 10 business days and a detailed payment history and fee itemization within 25 business days. Next step: send a written request for information/dispute to the servicer and keep proof of delivery, then compare the response to bank records.

Talk to a Real Estate Attorney

If a surviving spouse is dealing with a mortgage servicer that will not provide payment history or appears to be misapplying payments after a spouse’s death, our firm has experienced attorneys who can help clarify ownership status, prepare the right written requests, and protect timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.