SCRA for Landlords, Lenders & Courts
HUD SCRA Notice (Form HUD-92070): 45 Days, Rev. 4/2024, Expires 2028
Part of: The Complete Guide to the SCRA
The HUD SCRA notice is form HUD-92070, and it arrived because a mortgage payment was late, not because a foreclosure has started. 12 U.S.C. § 1701x(c)(5) requires the creditor on a home loan to send it to a homeowner who “fails to pay any amount by the date the amount is due,” before 45 days have run from that date. The copy on hud.gov on September 2, 2026 is revision 4/2024, OMB approval 2502-0584, expiring 03/31/2028. This page reads the statute, the form, and the FHA handbook, then turns the form around for the borrower; the compliance checklist covers the creditor’s other SCRA duties.
Who must send it, to whom, and by when
All of it is in 12 U.S.C. § 1701x(c)(5) and (c)(6), read at uscode.house.gov on September 2, 2026.
- Who sends it, on which loans. “The creditor of a loan … shall provide notice,” and creditor means “a person or entity that is servicing a home loan on behalf of itself or another” ((c)(6)(A)); a home loan is any “loan secured by a mortgage or lien on residential property” ((c)(6)(C)). The statute never says FHA, and HUD’s March 26, 2007 Federal Register notice, 72 FR 14130, says so: “All mortgage loans, including conventional mortgages and mortgages insured by HUD, are subject to the notification requirement.”
- Who receives it. Any “eligible homeowner who fails to pay any amount by the date the amount is due.” Eligibility under (c)(4) turns on principal residence and hardship, which no servicer can judge on day 30, so HUD reads it as everyone: “all homeowners who are in default on a residential mortgage” (2007 notice).
- What it says. A statement “written in plain English by the Secretary of Housing and Urban Development … explaining the mortgage and foreclosure rights of servicemembers,” with the Military OneSource number ((c)(5)(A)(ii)(IV)).
- By when. “Before the expiration of the 45-day period beginning on the date on which the failure … occurs” ((c)(5)(B)); paid inside the 45 days, no notice ((c)(5)(C)).
One correction to the usual citation. Compliance decks trace this notice to section 2203 of the Housing and Economic Recovery Act of 2008; the govinfo text of Pub. L. 110-289 § 2203 instead stretched the § 3953 foreclosure window to nine months and added the one-year mortgage tail to the 6% cap. The notice clause is section 688 of the FY2006 National Defense Authorization Act, Pub. L. 109-163 (January 6, 2006), which ordered HUD to “issue a final disclosure form” within 150 days.
The requirements table
| Requirement | What the source says | Source |
|---|---|---|
| Trigger | Homeowner “fails to pay any amount by the date the amount is due under a home loan” | 12 U.S.C. § 1701x(c)(5)(A)(i) |
| Deadline | ”Before the expiration of the 45-day period beginning on the date on which the failure … occurs” | § 1701x(c)(5)(B) |
| Cure exception | Not required if the homeowner “pays the amount overdue before the expiration of the 45-day period” | § 1701x(c)(5)(C) |
| Sender | ”A person or entity that is servicing a home loan on behalf of itself or another” | § 1701x(c)(6)(A) |
| Loan scope | ”All mortgage loans, including conventional mortgages and mortgages insured by HUD” | 72 FR 14130 (HUD, March 26, 2007) |
| FHA timing and file | ”Beginning on the 32nd Day, but no later than the 45th Day”; log the send date in the servicing file | Handbook 4000.1 III.A.2.h.ix; ML 2025-14 |
Three expiration dates, and which one matters
The OMB date on the form. “(Expires 03/31/2028)” is the Paperwork Reduction Act approval for control number 2502-0584 (89 FR 53117, June 25, 2024). Reginfo.gov shows that renewal received October 29, 2024 and approved March 10, 2025; the PDF was reprinted March 18, 2025.
The revision date. “form HUD-92070 (4/2024)” is the content revision. The 2007 version said the foreclosure shield ran “within 90 days after” service; the current form says “one year,” because the statute changed.
The statute’s sunsets. The longer § 3953 tail expired on paper for a decade: December 31, 2010 under Pub. L. 110-289 § 2203(c); December 31, 2012 under Pub. L. 111-346; then one year under Pub. L. 112-154 § 710 with a sunset pushed to December 31, 2019, until Pub. L. 115-174 § 313 (May 24, 2018) repealed it. Today’s text has no end date. The notice statute never had one, and the ROAD to Housing Act (Pub. L. 119-101, July 11, 2026) amended § 1701x without touching (c)(5).
What the notice looks like
One page, headed “Servicemembers Civil Relief Act Notice Disclosure” over “Legal Rights and Protections Under the SCRA.” Its four headings, quoted from the PDF:
- “Who May Be Entitled to Legal Protections Under the SCRA?” Regular members of the six armed services, Reserve and Guard “on Federal active duty,” Guard on 32 U.S.C. 502(f) orders over 30 days, PHS and NOAA corps. Confirm yours on the eligibility guide.
- “What Legal Protections Are Servicemembers Entitled To Under the SCRA?” The 6% cap “during the period of military service and one year thereafter” for a mortgage; a court’s power to “stop the proceedings … or adjust the debt”; and that a “sale, foreclosure, or seizure of real estate shall not be valid” in that window without “a valid court order.”
- “How Does A Servicemember or Dependent Request Relief Under the SCRA?” A written request with orders for the 6% cap, then “[Note: Lender should place its name, address, and contact information here.]” Then the sentence to read twice: “There is no requirement under the SCRA, however, for a servicemember to provide a written notice or a copy of a servicemember’s military orders to the lender in connection with a foreclosure”; lenders “should inquire about the military status of a person by searching” DMDC.
- “How Does a Servicemember or Dependent Obtain Information About the SCRA?” The installation legal office (legalassistance.law.af.mil) and Military OneSource, (800) 342-9647.
That placeholder is sometimes the only SCRA address a bank publishes; the Truist page shows one.
FHA servicers: the day-32 clock, and the GSE guides
For FHA-insured loans the 45 days becomes a 14-day window. Handbook 4000.1 section III.A.2.h.ix: “Beginning on the 32nd Day, but no later than the 45th Day from the date payment was due, the Mortgagee must send a: Notice of Homeownership Counseling Availability; and Servicemembers Civil Relief Act (SCRA) Disclosure (form HUD-92070).” The hud.gov handbook PDF dates that section 08/14/2019; Mortgagee Letter 2025-14 (June 3, 2025) kept HUD-92070 on day 32, effective July 1, 2025.
The GSE guides do not name the form. A text search of Freddie Mac’s Seller/Servicer Guide PDF (modified August 10, 2026) on September 2, 2026 found no “HUD-92070”; its SCRA rules sit in Chapter 8503 and Section 9301. Fannie Mae’s Guide PDF returned a 403 that day; its Military Indulgence section D2-3.4-01 does not mention the notice. Neither guide relieves a conventional servicer of § 1701x(c)(5).
If you just received one: what it means for your house
Read it as a status report: a payment was late and the servicer mailed the disclosure it mails to everyone. A civilian’s only action is to bring the loan current.
If you are serving, the letter is naming money. For a mortgage that originated before your service, § 3953 makes any sale, foreclosure, or seizure invalid during service and for one year after unless a judge approved it first. Separately, § 3937 caps that pre-service mortgage at 6% for service plus one year, excess forgiven; the mortgage guide does the arithmetic. Neither protection requires you to have told the servicer anything before a foreclosure. But the cap needs a written request with orders, and a file that shows your status is what stops a referral. Send the § 3937 letter and a copy of your orders to the servicer’s SCRA desk, not the payment address (the letter generator drafts it; the servicer guide shows the steps), add a DMDC certificate, and if the servicer ignores it, use the escalation playbook.
The notice does not move your due date, cure the delinquency, or invoke the stay of proceedings; that is a separate application to the court once a case is filed.
The enforcement record behind the form
The Attorney General’s 2015 ECOA annual report (DOJ, August 2016, read September 2, 2026) records that on September 30, 2015, under the SCRA portion of the 2012 National Mortgage Settlement, five servicers (JPMorgan Chase, Wells Fargo, Citi, GMAC and Ally, Bank of America) “will be paying $311 million in compensation to a total of 2,413 servicemembers and their co-borrowers whose homes were unlawfully foreclosed on between January 1, 2006 and April 4, 2012.” The enforcement ledger has each case since.
HUD-92070 controls for a servicer
- Calendar day 45 from the due date. The clock in § 1701x(c)(5)(B) starts on “the date on which the failure … occurs.” FHA loans: mail between day 32 and day 45.
- Send it to every delinquent home-loan borrower. Conventional, FHA, VA, portfolio, second liens. Never filter by military status.
- Version-control the form. Pull the PDF from hud.gov, confirm “(4/2024)” and “Expires 03/31/2028,” and fill the bracketed block with your SCRA desk.
- Log the mailing date. Handbook 4000.1 requires it for FHA; for everyone else it is the only proof you met subparagraph (B).
- Run DMDC before any referral. Scrub at day 45, at referral, and before any sale; keep each dated certificate (see the DMDC website guide).
- Route any reply to the SCRA desk. A borrower who answers with orders has made a § 3937 request: cap from the call-to-service date, no referral for service plus one year.
For the borrower, the short list:
- Confirm the payment status and cure it if you can.
- If you are serving, send the § 3937 letter with orders to the SCRA desk this week; keep the receipt.
- Book legal assistance; your JAG office has seen this letter before.
- If a case is filed, apply for the § 3953 stay in that case, in writing.
The law behind this: 12 U.S.C. § 1701x(c)(5)
Notification of availability of homeownership counseling: the 45-day notice carrying HUD's statement of servicemembers' SCRA rights: read the statute.
Frequently asked questions
What is the HUD SCRA notice?
It is form HUD-92070, "Servicemembers Civil Relief Act Notice Disclosure," a one-page form written by HUD in consultation with the Departments of Defense and Treasury. Federal law, 12 U.S.C. § 1701x(c)(5)(A)(ii)(IV), requires the creditor on a home loan to send a homeowner who misses a payment a plain-English HUD statement of servicemembers' mortgage and foreclosure rights under the SCRA, with the Military OneSource number. The version on hud.gov on September 2, 2026 is dated 4/2024, carries OMB approval number 2502-0584, and prints an expiration date of 03/31/2028. Every delinquent borrower gets it, military or not.
Does receiving the HUD SCRA notice mean my house is being foreclosed?
No. The trigger in 12 U.S.C. § 1701x(c)(5)(A)(i) is a homeowner who "fails to pay any amount by the date the amount is due," and the deadline in subparagraph (B) is 45 days from that date. So the form goes out because a payment was late, to everyone, not because a foreclosure was filed. If you are on active duty and the mortgage predates your service, 50 U.S.C. § 3953(c) makes any sale, foreclosure, or seizure invalid during your service and for one year after unless a court ordered it first. The letter is a disclosure of that protection, not a step toward taking it away.
Who has to send the HUD SCRA notice, only FHA lenders?
Every servicer of a home loan. 12 U.S.C. § 1701x(c)(6) defines "creditor" as "a person or entity that is servicing a home loan on behalf of itself or another person or entity," and "home loan" as "a loan secured by a mortgage or lien on residential property." Nothing in the section limits it to FHA. HUD said the same in its March 26, 2007 Federal Register notice: "All mortgage loans, including conventional mortgages and mortgages insured by HUD, are subject to the notification requirement." FHA adds its own day-32 deadline in Handbook 4000.1 on top of the statute.
What is the HUD SCRA notice expiration date?
The date printed on the form, 03/31/2028, is the OMB Paperwork Reduction Act expiration for control number 2502-0584. It tells a servicer when HUD must renew the collection; it is not a date the legal requirement ends. Reginfo.gov shows the last renewal (ICR 202410-2502-001) was received October 29, 2024 and approved without change on March 10, 2025. The statute behind the notice, 12 U.S.C. § 1701x(c)(5), has no sunset. The separate sunsets people remember were on the SCRA foreclosure tail in Pub. L. 110-289 § 2203(c), and Pub. L. 115-174 § 313 repealed the last of those in 2018.
What is the 45-day rule for the HUD SCRA notice?
12 U.S.C. § 1701x(c)(5)(B) says the notification "shall be made" in a manner approved by the Secretary and "before the expiration of the 45-day period beginning on the date on which the failure referred to in such subparagraph occurs." Subparagraph (C) drops the requirement if the homeowner pays the overdue amount before that 45-day period ends. For FHA-insured loans, Handbook 4000.1 section III.A.2.h.ix narrows the window: beginning on the 32nd day but no later than the 45th day from the date payment was due, the mortgagee must send the SCRA disclosure with the homeownership counseling notice.
Do I have to respond to the HUD SCRA notice?
Not to the notice itself. It asks nothing of you. But if you are on active duty, use it as the prompt to send your servicer the written request the form describes: a 50 U.S.C. § 3937 letter with a copy of your orders, routed to the servicer's SCRA desk, not the payment address. That letter caps a pre-service mortgage at 6% from the day you were called to service through one year after you leave, and it puts your status on the servicing file before anyone considers a referral. Then call your installation legal assistance office, which the form also lists.
Was the HUD SCRA notice updated in 2025 or 2026?
The form itself was not. The current revision is 4/2024 (its PDF on hud.gov was last modified March 18, 2025, when the OMB block was updated to the 03/31/2028 expiration). Two nearby things did change. On June 3, 2025 HUD issued Mortgagee Letter 2025-14, which restates the FHA collection timeline and keeps the day-32 mailing of form HUD-92070, effective July 1, 2025. On July 11, 2026 the 21st Century ROAD to Housing Act (Pub. L. 119-101) amended 12 U.S.C. § 1701x, but its changes were to subsections (a), (e), (i), and (j), not to the (c)(5) notice.
Sources
- Form HUD-92070: Servicemembers Civil Relief Act Notice Disclosure (HUD, rev. 4/2024, OMB 2502-0584, expires 03/31/2028)
-
12 U.S.C. § 1701x: Assistance with respect to housing and urban development; subsection (c)(5), Notification of availability of homeownership counseling (U.S. Code, text in effect September 1, 2026) - Pub. L. 109-163, § 688: Rights of members of the Armed Forces and their dependents under Housing and Urban Development Act of 1968 (govinfo)
- HUD: Mortgage and Foreclosure Rights of Servicemembers Under the Servicemembers Civil Relief Act: Informational Notice, 72 FR 14130 (March 26, 2007, govinfo)
- Pub. L. 110-289, § 2203: Enhancement of protections for servicemembers relating to mortgages and mortgage foreclosures (govinfo)
- Pub. L. 111-346: Helping Heroes Keep Their Homes Act of 2010 (govinfo)
-
50 U.S.C. § 3953: Mortgages and trust deeds, with amendment and sunset notes (U.S. Code, text in effect September 1, 2026) - HUD Handbook 4000.1, FHA Single Family Housing Policy Handbook, section III.A.2.h.ix (PDF, last revised 08/14/2019)
- HUD Mortgagee Letter 2025-14: Updates to Modernization of Engagement with Borrowers in Default and Loss Mitigation (June 3, 2025)
- HUD: 60-Day Notice of Proposed Information Collection, OMB Control No. 2502-0584, 89 FR 53117 (June 25, 2024, govinfo)
- Reginfo.gov: OMB Control Number History, 2502-0584
- HUD No. 23-115: FHA Launches New Resources to Remove Language Barriers for Borrowers (June 13, 2023)
- Freddie Mac Single-Family Seller/Servicer Guide (PDF, chapters 8503 and 9301)
- Fannie Mae Servicing Guide D2-3.4-01: Military Indulgence (06/13/2018)
-
The Attorney General's 2015 Annual Report to Congress Pursuant to the Equal Credit Opportunity Act Amendments of 1976 (DOJ Civil Rights Division, August 2016, PDF)
Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.