Probate Q&A Series

What is the right way to send a formal request for information so the lender responds within a reasonable time? – North Carolina

Short Answer

In North Carolina, the most effective way to get a mortgage lender or servicer to respond is to send a written, “estate” information request that (1) clearly identifies the deceased borrower and the account and (2) includes proof of authority, such as certified Letters Testamentary or Letters of Administration. If the request concerns a “home loan” servicer and is framed as a borrower request for information (and the estate is acting through the decedent’s legal representative), North Carolina law sets specific response timeframes of 10 business days for an initial written statement and 25 business days for certain documents and account history. When the correct department is unclear, using the lender’s designated written-request address (and sending by trackable mail) usually gets faster results than email or fax.

Understanding the Problem

In North Carolina estate administration, a personal representative often needs a lender to confirm whether the decedent had a mortgage loan and, if so, to provide account details such as the balance, interest, payment status, and copies of key loan documents. The key decision point is how a personal representative can send a formal information request to a lender or loan servicer in a way that is likely to be routed to the right place and answered in a reasonable time. This typically turns on showing the lender that the requesting party has legal authority for the estate and giving enough identifying information for the lender to locate the account.

Apply the Law

Under North Carolina law and common lender compliance practices, a “formal” request is most effective when it is (1) in writing, (2) sent to the lender or servicer’s designated address for written information requests, and (3) supported by documentation proving the requester’s authority to act for the deceased borrower’s estate. For certain home loans, North Carolina also imposes specific timelines on servicers to acknowledge and respond to a borrower’s written request for information that identifies the borrower and account and states the information sought or the potential error.

Key Requirements

  • Clear identification of the decedent and account: The request should include the decedent’s full name, date of death, last known address, and any account or loan number(s) or other identifiers available.
  • Proof of estate authority: The request should include certified Letters Testamentary or Letters of Administration (or other valid estate documentation) showing the personal representative’s authority, plus a certified death certificate if requested.
  • A written request sent through a reliable delivery channel: A letter sent by certified mail (return receipt requested) or another trackable method helps document the date the lender received the request and reduces “lost request” delays.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The estate’s goal is to obtain mortgage (or similar account) information for a deceased borrower. The best first step is a written request that identifies the decedent and the suspected loan, attaches certified Letters Testamentary/Administration (and a death certificate if requested), and asks for date-of-death payoff/balance and the current contact channel for the estate team. If the loan is a “home loan” serviced in North Carolina, a properly framed written request can also trigger the statutory response timelines for certain information, which can help keep the process moving.

Process & Timing

  1. Who files: The personal representative (or the attorney acting for the personal representative). Where: Send to the lender/servicer’s designated mailing address for “Requests for Information,” “Qualified Written Requests,” “Notices of Error,” or “Estate/Deceased Borrower” requests (often listed on monthly statements or the servicer’s website). What: A dated letter on firm letterhead, marked “Estate of [Decedent] – Request for Account Information,” attaching certified Letters Testamentary/Administration (and, if needed, a certified death certificate). When: Send as soon as the personal representative is qualified and has certified letters available; if invoking the home-loan request process, the statute references 10 business days and 25 business days response windows after receipt of a qualifying written request.
  2. Track and confirm receipt: Use certified mail/return receipt (or another carrier with delivery confirmation). Calendar follow-up for 10 and 25 business days after delivery. If a fax number is used, keep the transmission confirmation; if email is used, request a read receipt and keep the sent-message header.
  3. Escalate if needed: If no timely response arrives, send a second letter referencing the prior delivery date and enclosing the prior request. Ask for the correct department contact for “estate/deceased borrower documentation” and a written timeline for completion.

Exceptions & Pitfalls

  • Email/fax may not be treated as “formal” by the lender: Many servicers only treat requests as official when sent to a specific mailing address listed for written requests, disputes, or similar categories. If the request goes to a general inbox, it may be delayed or rejected for privacy reasons.
  • Missing authority documents: Lenders commonly refuse to release details without certified Letters Testamentary/Administration (and sometimes a certified death certificate). Sending an incomplete packet often restarts the clock.
  • Not enough identifying information: If the request does not include an account/loan number or enough information to locate the account (name variations, last address, property address, last four digits of SSN if available and appropriate), the lender may respond that it cannot confirm the relationship.
  • Requesting the wrong items first: A focused request for date-of-death balance, accrued interest, payment status, and payoff contact information usually gets processed faster than a broad demand for “all records.”

Conclusion

In North Carolina, the right way to request a decedent’s mortgage or account information is to send a written, trackable letter to the lender or servicer’s designated address for written information requests and include certified proof that a personal representative is authorized to act for the estate. When the request qualifies under North Carolina’s home-loan servicing rules, the servicer may have to respond within 10 business days (initial statement) and 25 business days (specified documents). Next step: send the written request with certified Letters Testamentary/Administration to the servicer’s designated address.

Talk to a Probate Attorney

If an estate needs mortgage or lender account information for a deceased borrower and the lender is not responding, an attorney can help prepare a compliant request package, choose the best delivery method, and track 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.