Consumer Financial Protection Bureau (CFPB)
Federal rules protecting survivors from debt collectors and mortgage servicers
CFPB Consumer Response
Consumer Financial Protection Bureau, PO Box 27170, Washington, DC 20038
CFPB Complaint Line
Contact Creditors Directly
Mortgage servicer must confirm successor-in-interest status within a reasonable timeframe; CFPB complaints receive company response within 15 to 60 days
The Consumer Financial Protection Bureau enforces federal rules on debt collection, mortgage servicing, and consumer financial protection after someone dies. The CFPB's Regulation F governs how debt collectors can contact surviving family members, and Regulation X protects heirs who inherit a mortgaged property. The CFPB also handles complaints about financial companies.
Notifying the CFPB when someone dies
The CFPB does not receive death reports directly. When someone dies, the family or executor should notify individual creditors, lenders, and the mortgage servicer. If a debt collector contacts you, you can inform them of the death and provide contact information for the estate's personal representative. Under Regulation F, collectors must provide a validation notice with debt details during the first conversation or within 5 days. The CFPB's role is to enforce rules that protect consumers from abusive debt collection practices and to ensure mortgage servicers treat heirs fairly. If a debt collector or servicer violates your rights, file a complaint at consumerfinance.gov/complaint.
Timeline: Notify creditors and mortgage servicer as soon as possible
- •Debts are generally paid from the estate (money and property left behind)
- •If the estate lacks sufficient funds, debts typically go unpaid
- •Co-signers and joint account holders remain responsible for shared debts
- •Authorized users on credit cards are generally NOT liable
- •Surviving spouses in community property states may be responsible for certain debts
- •Collectors must provide a validation notice with debt details during the first conversation or within 5 days
- •Collectors cannot call before 8 a.m. or after 9 p.m. your local time
- •Collectors cannot make more than 7 calls in 7 days about a specific debt (12 CFR 1006.14)
- •Collectors cannot misrepresent that you are personally responsible for a debt you did not co-sign
- •You can send a written request to stop further contact or specify preferred contact methods
- •Collectors cannot sue or threaten to sue on time-barred debts (12 CFR 1006.26)
- •Contact the mortgage servicer to report the borrower's death
- •Provide a death certificate and proof of your ownership interest
- •Request confirmation as a successor in interest
- •Once confirmed, you have access to all loss mitigation options (modification, forbearance, repayment plans)
- •The servicer cannot enforce a due-on-sale clause for transfers due to death (Garn-St. Germain Act)
- •Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin
- •Alaska (with a written community property agreement)
- •Consult a licensed attorney in your state for specific questions
Required Documents
- Certified copy of the death certificate
- Proof of ownership interest in inherited property (recorded deed, affidavit of heirship, or court order)
- Letters testamentary or letters of administration (for estate representatives)
- Loan account numbers and servicer contact information
- Written cease-contact request (if stopping debt collector communications)
- Supporting documents for CFPB complaint (limit 50 pages: dates, amounts, prior communications)
Timeline
Mortgage servicer must confirm successor-in-interest status within a reasonable timeframe; CFPB complaints receive company response within 15 to 60 days
Survivor benefits
Debt Collection Protections for Survivors
Under Regulation F (12 CFR Part 1006), surviving spouses and estate executors are treated as "consumers" with full debt collection protections. Debt collectors cannot call before 8 a.m. or after 9 p.m., cannot make more than 7 calls in 7 days about a specific debt, and cannot misrepresent that a family member is personally liable for a debt they did not co-sign.
Eligibility: Surviving spouse, parent of a minor, legal guardian, or executor/administrator of the estate
How to apply: File a complaint at consumerfinance.gov/complaint if a debt collector violates these rules
Learn more →Mortgage Successor-in-Interest Protections
Under Regulation X (12 CFR 1024.38), heirs who inherit a mortgaged property are recognized as "successors in interest." Once confirmed, they receive the same rights as the original borrower, including access to all loss mitigation options and protection against foreclosure during an active application.
Eligibility: Heirs who acquire property through death of the borrower (via will, intestate succession, joint tenancy, or tenancy by the entirety)
How to apply: Contact the mortgage servicer, provide a death certificate and proof of ownership (recorded deed, affidavit of heirship, etc.), and request confirmation as a successor in interest
Learn more →Surviving Spouse Financial Resources
The CFPB provides a step-by-step guide for surviving spouses to manage the most urgent financial tasks after a spouse's death. Resources cover understanding debt responsibility, evaluating housing decisions, setting contact boundaries with debt collectors, sharing financial information templates, and inventorying digital assets. The guide explains that surviving spouses are generally not responsible for the deceased's debt unless it was jointly held or required by state law.
Eligibility: Surviving spouses and partners
How to apply: Access the guide at consumerfinance.gov/consumer-tools/educator-tools/resources-for-older-adults/discover-resources-for-surviving-spouses/ or call (855) 411-2372
Learn more →CFPB Complaint Process
The CFPB accepts complaints about debt collectors, mortgage servicers, credit card companies, and other financial companies. Companies generally respond within 15 days (60 days for complex cases). The CFPB publishes complaint data in its Consumer Complaint Database. Complaints can be filed online (less than 10 minutes), by phone (25-30 minutes), or by mail to PO Box 27170, Washington, DC 20038.
Eligibility: Any consumer or authorized representative
How to apply: File online at consumerfinance.gov/complaint or call (855) 411-2372
Learn more →Frequently asked questions
Generally, you are only responsible if you co-signed the debt, held a joint account, or live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin, or Alaska with a written agreement). Authorized users on credit cards are typically not liable. Debts are paid from the estate, not by family members personally.
A debt collector can contact the surviving spouse, executor, or administrator to discuss the debt. However, they cannot misrepresent that you are personally responsible for a debt you did not co-sign. They must follow all Regulation F rules: no calls before 8 a.m. or after 9 p.m., no more than 7 calls in 7 days, and no false representations about the debt.
Credit card debt is paid from the estate. Joint account holders remain responsible for the balance. Authorized users are generally not liable. If the estate lacks sufficient funds to pay the debt, the credit card company may not collect from family members (unless they co-signed or live in a community property state).
Yes. Federal law (the Garn-St. Germain Act) prevents mortgage servicers from enforcing a due-on-sale clause when a property transfers due to death. Contact the servicer, provide a death certificate, and request confirmation as a successor in interest. Once confirmed, you can apply for loss mitigation options if needed.
A successor in interest is someone who receives ownership of a property through death, divorce, or family transfer. Under CFPB Regulation X (12 CFR 1024.38), mortgage servicers must recognize confirmed successors and provide them the same rights as the original borrower, including access to loss mitigation options.
Debt collectors cannot sue or threaten to sue on time-barred debts (debts where the statute of limitations has expired) under Regulation F (12 CFR 1006.26). The statute of limitations varies by state and debt type. However, creditors can file valid claims against the estate through the probate process.
Community property states treat most debts incurred during marriage as jointly owed by both spouses. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska allows couples to opt in through a written agreement. In these states, a surviving spouse may be responsible for certain debts of the deceased.
File online at consumerfinance.gov/complaint or call (855) 411-2372. The process takes less than 10 minutes. The CFPB sends your complaint to the company, which generally responds within 15 days (60 days for complex cases). You have 60 days to provide feedback on the response.
As of July 2026, the CFPB website (consumerfinance.gov), complaint portal, and phone line (855) 411-2372 remain active and accept complaints (confirmed operational on July 15, 2026). OMB Director Russell Vought continues as acting director; his acting-director term is reported to end in early August 2026, and President Trump has nominated Brian Johnson (a former CFPB deputy director) as permanent director, subject to Senate confirmation. Most supervisory, examination, and enforcement activity has been paused, and staffing has declined from roughly 1,750 to about 1,175 employees. A federal court has placed the bureau's planned mass layoffs on hold until a permanent director is confirmed. Existing regulations, including Regulation F (debt collection) and Regulation X (mortgage servicing), remain in effect as codified federal rules regardless of the agency's operational status.
Sources
Data sourced from Consumer Financial Protection Bureau primary sources (11 pages reviewed). How we research.
CFPB Consumer Response
Consumer Financial Protection Bureau, PO Box 27170, Washington, DC 20038
CFPB Complaint Line
Contact Creditors Directly
Mortgage servicer must confirm successor-in-interest status within a reasonable timeframe; CFPB complaints receive company response within 15 to 60 days