Right to Cure Notices (2024)

As a standard, Right to Cure Notices are produced for delinquent loans in Colorado, Iowa, Kansas, Missouri, Nebraska, South Carolina, West Virginia or Wisconsin (bank or note level Regulatory State Code = CO, IA, KS, MO, NE,SC, WI or WV).These notices are produced instead of late notices.They provide delinquent customers the opportunity to “cure” the delinquency and avoid repossession of collateral by paying delinquent amounts by a specific date.This date is calculated by the LNS System according to state regulations.

The Regulatory State Code must be established on Commercial Loan accounts to assess late charges correctly and produce Right to Cure Notices when LNS option 2769 is used to consider Commercial Loans as a consumer account.If this code is not established on the account, the loan will not be included in the late charge assessment or notice production, even if the option is set up in your BCR.

Right to Cure Notices are produced for all consumer loans (Report Code = Installment) in these states, as well as mortgages (Report Code = Mortgage) in South Carolina, and all Report Codes in Iowa (Commercial, Mortgage, Installment and Revolving Credit). Notices are produced even if the account is in Non-Accrual status.

A copy of the notice is also produced for each Additional Address (regardless of the Additional Address Mail Code) and each Cosigner on the loan.The cosigner’s copy identifies the account holder and the reason for the notice.

Loans with a bank or note-level Regulatory State Code = MO will receive separate notices for each Borrower on the note (Name Lines 1, 2 and 3), regardless of the address.

Click on the following links for more information.

Loan Criteria

Production Options

Loan Criteria for CO, IA, KS, MO, SC, WI, WV

For compliance with Colorado, Iowa, Kansas, Missouri, South Carolina, Wisconsin, and West Virginia regulations, notices are produced for delinquent loans with any of the following Control Categories:

Control

Category

Description

Control Category

Description

1

Construction 1-4 Family

K-O

Bank-defined

2

Re-farm Lane

P

Single Family

3

Re-res FHA

R

Multi-unit

4

Re-res VA

S

Multi-5 or More

5

Re-res (not MO )

T

Bank-defined

A

Indiv Stocks

W

Raw land

D

Vehicle

X

Mobile Home

E

Cons Goods

Y

Share/pbook

F

Repair Res

Z

Other Codes

G

Pers Instl

=

Construction Other

H

Pers Sp

*

Jr Lien Mln

I

RES SECURED Coml Line of Credit

<

Commercial Leases

J

Others

>

Consumer Leases

Loan Criteria for NE

For compliance with Nebraska state regulations, notices are produced for loans with any of the following Control Categories OR Collateral Codes:

Control

Category

Description

Control

Category

Description

Collateral Code

Description

1

Construction 1-4 Family

R

Multi-unit

@

80% App $

2

Re-farm Lane

S

Multi-5 or More

#

85% App $

3

Re-res FHA

T

Tax-exempt oblig

%

90% Appraised

4

Re-res VA

W

Raw land

O

Bank-defined

5

Re-res (not MO )

X

Mobile Home

<

Addn/Remodel

A

Indiv Stocks

Y

Share/pbook

+

Aptmt

D

Vehicle

Z

Other Codes

$

Const/pur

E

Cons Goods

=

Construction Other

>

Duplx

F

Repair Res

*

Jr Lien Mln

*

Pur/new

G

Pers Instl

<

Commercial Leases

=

Pur/prev

H

Pers Sp

>

Consumer Leases

J

Re-res

I

RES SECURED Coml Line of Credit

#

Non-oc (conv)

J

Others

$

Non-oc (improv)

K-O

Bank-defined

@

Non-oc (fha-va)

P

Single Family

Accounts That Do Not Get a Notice

Right to Cure Notices are NOT produced for:

Loans in Non-Add Status

Loans with a Bankruptcy Chapter established

Comakers of loans with a Bankruptcy Chapter (even if the Comaker does not have a Bankruptcy Chapter established)

Note: Loans in Non-Accrual Status will receive a notice if it has an eligible Control Category or Collateral Code and a Bankruptcy Chapter is not established.

Production Options

Notices are produced on the number of days past the payment due date you specify in LNS option 0291 (10, 15, 20, or 30).

LNS option 2002 allows you to specify a different number of days delinquent for home-equity loans (Reporting Code = Revolving Credit).Note: These options override special production requirements by State. To comply with different production requirements for your state (i.e. WI), leave these options blank.

As an option, you can also choose not to print Right to Cure Notices (LNS option 0291 = 9). This should only be selected if your bank is using another means of communication, such as a notarized letter, to fulfill the Right to Cure requirements.

The information stored in the Property Description field is listed on the notice and the payment coupon to identify the collateral. If additional collateral was used to secure the note, the information stored in all Property Description 1-4 fields will be printedProperty Description 1-4 fields will be printed on the notice when LNS option 3235 is established. Some states require this notification before you can take action against the collateral securing the loan.

Right to Cure Notices (1)

Two copies of the notice are printed, one for the customer and one for bank archival purposes.The archival copy is marked ‘Bank Copy’ and includes the Date Mailed (one day following the processing date).If you are using Premier Print, the bank copy will be delivered to the bank.LNS option 3088 can be used to eliminate the bank archival copy.

Right to Cure Notices (2024)

FAQs

How do you respond to a cure notice? ›

Your cure notice response must address the issues discussed in the issued letter at a minimum.
  1. Address the issues discussed in the cure notice.
  2. Address the contractual issues that are out of your control.
  3. Show a plan of action that addresses how you will meet the contract terms and conditions.

What is the right to notice and cure? ›

If the Contractor breaches the Contract, and the State, in its sole discretion, determines that the breach is curable, the State will provide the Contractor notice of the breach and a period of at least 30 days to cure the breach.

What is the purpose of a cure notice? ›

If the contractor fails to make progress or fails to perform any other provision of the contract, the Agency Contracting Officer (ACO or CO) will issue a “Cure Notice”. The cure notice must be in writing and specifically state what failure exists and provide 10 days to 'cure' the failure.

What does right to cure mean on a personal loan? ›

These notices are produced instead of late notices. They provide delinquent customers the opportunity to “cure” the delinquency and avoid repossession of collateral by paying delinquent amounts by a specific date. This date is calculated by the LNS System according to state regulations.

How do you avoid termination for default? ›

To avoid a default termination for failure to comply with specifications, you should carefully review the contract's specifications before submitting a bid or proposal on the contract to determine if you can comply with the specifications fully and on time.

How long is a cure notice? ›

The Employer has 15 calendar days from receipt of this Notice to Cure to take action to cure the alleged violations. If the Employer fails to cure a violation or is not in the process of curing the violation by the end of the cure period, Employees may file a complaint with the Office of Wage Standards (OWS).

What states have a right to cure notice? ›

For compliance with Colorado, Iowa, Kansas, Missouri, South Carolina, Wisconsin, and West Virginia regulations, notices are produced for delinquent loans with any of the following Control Categories.

Does a seller always have the right to cure? ›

Generally, a seller has a right to cure in two situations: The seller may cure any nonconformity before the time for performance has expired. The seller may cure any nonconformity if he or she reasonably believed the goods would be accepted.

What is a request to cure? ›

In the context of contract law, the term “cure” means to correct or remove a defect that would be considered a breach by the curing party. For example, a landlord may give the tenant a set amount of time to correct, or cure, a lease violation or face an eviction lawsuit.

What is the difference between a show cause notice and a cure notice? ›

When the government believes your performance under the contract is at risk, it might issue you a cure notice. On the other hand, if it believes that you violated the terms and conditions of the contract, it may issue a show cause notice.

What does seller right to cure mean? ›

Sometimes, a purchase agreement will provide that after the buyer discovers a defect during its due diligence (for example, a physical defect or a troublesome lease), the seller must first be given the opportunity to cure the defect before the buyer may cancel the agreement.

What is cure notice and show cause notice? ›

However, sometimes the parties are unable to resolve a performance issue and the government issues a cure notice or show cause notice. By issuing a cure notice or show cause notice, the government is effectively notifying you that it may terminate your contract.

What does notice of default right to cure mean? ›

The right to cure letter, in simple terms, is a legal document that a mortgage lender sends to a borrower who has fallen behind on their payments. This letter serves as a formal notification and gives the borrower a specific period – typically 30 to 120 days – to resolve the default by paying the overdue amount.

What does cure mean in legal terms? ›

: to eliminate or correct a defect. ;esp. : to correct or make acceptable a defective performance or delivery under a contract [the seller may seasonably notify the buyer of his intention to and may then within the contract time make a conforming delivery "Uniform Commercial Code"] cur·able adj.

How do you write a cure letter? ›

A cure or termination letter should begin where the problems began and tell the story chronologically. Bullet points work well to sum up this information. A contractor should be specific on the important dates, or if specific dates are not available, reference relevant time frames.

What is a cure notice for termination for cause? ›

The Contracting Officer shall send a “cure notice” prior to terminating a contract for any reason other than late delivery, such as the contractor's failure to perform some other provision of the contract or failure to make progress so as to endanger performance of the contract.

What is a cure notice in government contracting? ›

If a contract is to be terminated for default before the delivery date, a "Cure Notice" is required by the Default clause. Before using this notice, it must be ascertained that an amount of time equal to or greater than the period of "cure" remains in the contract delivery schedule or any extension to it.

What does it mean for a seller to cure? ›

The right to cure allows the seller a reasonable amount of time to repair the contract without causing undue damage to the buyer.

Top Articles
Latest Posts
Article information

Author: Mr. See Jast

Last Updated:

Views: 6350

Rating: 4.4 / 5 (55 voted)

Reviews: 94% of readers found this page helpful

Author information

Name: Mr. See Jast

Birthday: 1999-07-30

Address: 8409 Megan Mountain, New Mathew, MT 44997-8193

Phone: +5023589614038

Job: Chief Executive

Hobby: Leather crafting, Flag Football, Candle making, Flying, Poi, Gunsmithing, Swimming

Introduction: My name is Mr. See Jast, I am a open, jolly, gorgeous, courageous, inexpensive, friendly, homely person who loves writing and wants to share my knowledge and understanding with you.