If your Florida mortgage is in default, one of the most important documents you can request is a written reinstatement figure -- the exact dollar amount that will bring your loan current and stop the foreclosure. Under Florida law (F.S. Section 45.0315) and federal RESPA regulations, you have the right to this information in writing. Getting the number right -- and catching inflated charges before you write the check -- can save thousands of dollars.
This guide covers how to request the reinstatement figure, what it must include, your RESPA rights, and how to dispute errors. For the complete reinstatement process including payment methods, funding sources, and strategy, see our Florida mortgage reinstatement guide.
Your Legal Right to a Written Reinstatement Figure
F.S. Section 45.0315 gives Florida homeowners the statutory right to cure a default (reinstate) at any time before the court enters a final judgment of foreclosure. This right survives after the lender files a foreclosure complaint and serves you with the summons. Exercising this right starts with knowing the exact amount.
Federal RESPA regulations (12 C.F.R. Part 1024) reinforce this: servicers must respond to written information requests and cannot charge fees that are not permitted under the loan documents or applicable law.
Two Ways to Request the Reinstatement Figure
Method 1: Call the Servicer (Faster)
Call the number on your mortgage statement and ask for the loss mitigation department. Tell them:
- Your loan number and property address
- That you are requesting a written reinstatement quote good through a date at least 21 days out
- Your preferred delivery method (email, fax, or mail)
Most servicers provide the written quote within 3-7 business days. The quote states a good-through date -- the last day that exact amount is valid. After that date, additional interest and fees accrue and you need a new quote.
Method 2: RESPA Request for Information (Formal)
Under RESPA Regulation X, 12 C.F.R. Section 1024.36, you can submit a written Request for Information (RFI) -- sometimes called a qualified written request (QWR) -- to your servicer. Once submitted to the correct designated address:
- The servicer must acknowledge receipt within 5 business days
- The servicer must respond within 30 business days (extendable by 15 days for good cause)
- Failure to respond is a RESPA violation that can support a civil claim for damages
Critical detail:The RFI must be sent to the servicer's designated information request address -- a specific address listed on your mortgage statement or the servicer's website, separate from the payment address. Sending to the wrong address does not trigger the servicer's legal obligation under RESPA.
For a detailed guide on sending RFIs and Notices of Error, see our post on sending a RESPA request to your Florida servicer.
What the Reinstatement Figure Must Include
A complete reinstatement figure itemizes every charge. Here is what each category represents:
Missed monthly payments
Every scheduled payment you missed, including the full PITI amount (principal, interest, taxes, and insurance). If your loan has an escrow account, each missed payment includes the escrow portion for taxes and insurance.
Late fees
Most mortgage contracts impose a late fee of 4-5% of each missed scheduled payment. Late fees accrue on each payment individually -- each payment should appear as a separate line item with one late fee charge.
Lender attorney fees
Once a foreclosure lawsuit is filed and the lis pendensis recorded, the servicer adds the lender's attorney fees to your reinstatement amount. These fees typically run $2,500-$7,500+ depending on how far the case has progressed. Under F.S. Section 57.105, these fees must be reasonable -- if they appear inflated, you can challenge them.
Court costs
Filing fees, service of process fees, and other litigation costs paid by the lender are added to the reinstatement amount. These typically range from $400-$1,200 depending on the county and complexity of service.
Property inspection fees
Servicers typically order drive-by inspections of defaulted properties at $10-$25 per inspection. Inspections are legitimate if reasonable in frequency -- but some servicers order monthly or bi-monthly inspections of occupied properties, which may be excessive.
Escrow advances and force-placed insurance
If your escrow account ran short and the servicer paid your property taxes or homeowner's insurance on your behalf, those advances appear in the reinstatement figure. If you let your insurance lapse, the servicer may have obtained force-placed insurance at a much higher cost than standard coverage -- those premiums are also in the figure.
If you had valid insurance throughout the default period, you can dispute any force-placed insurance charges by providing documentation. For more on servicer error disputes, see our guide to disputing Florida mortgage servicer errors.
How to Dispute an Inflated Reinstatement Figure
Step 1: Request the itemized payment history
Ask the servicer for a complete transaction-level account history from the date of first default. This document shows every payment received, how it was applied (principal, interest, escrow, fees), and every charge assessed. Compare it to your own payment records.
Step 2: Submit a RESPA Notice of Error
Under 12 C.F.R. Section 1024.35, you can submit a written Notice of Error (NOE)to the servicer's designated error resolution address. The NOE should identify:
- Your name, loan number, and property address
- The specific charge(s) you believe are incorrect
- Why you believe there is an error, with supporting documentation
- The correction you are requesting
The servicer must acknowledge the NOE within 5 business days and either correct the error or explain why the charge is valid within 30 business days. See the Florida servicer complaint guide for escalation steps if the servicer does not respond.
Step 3: Escalate if needed
If the servicer maintains an inflated charge without justification, you can:
- File a complaint with the CFPB at consumerfinance.gov
- File a complaint with the Florida Office of Financial Regulation
- Consult a Florida foreclosure attorney -- RESPA servicer violations can result in actual damages plus statutory damages of $2,000 per violation
Common Errors to Watch For
- Duplicate late fees: The same payment charged a late fee more than once, or late fees assessed on payments received on time
- Misapplied payments: A payment applied entirely to fees rather than principal and interest, inflating the arrears balance
- Force-placed insurance after coverage was reinstated: You provided proof of insurance but the servicer continued charging force-placed premiums
- Excessive property inspections: More than one inspection per month on an occupied, clearly maintained property
- Unsupported attorney fees:Request the attorney's billing statement -- if fees billed and fees charged do not match, demand an explanation
The Good-Through Date: Why Timing Matters
Every reinstatement quote includes a good-through date -- the last day on which that exact amount will satisfy the debt. Missing the good-through date by even one day means you need a new quote and the amount will be higher. Request the quote with at least 15-21 days before any looming deadline (a foreclosure sale date or a summary judgment hearing).
What If You Cannot Afford the Full Reinstatement Amount?
If the lump sum is out of reach, you have alternatives that do not require paying the arrears all at once:
- Loan modification: A loan modification capitalizes the arrears into a new loan balance and restructures your payment -- no lump sum required.
- Forbearance: A forbearance agreement temporarily reduces or suspends payments while you stabilize financially.
- Sell before foreclosure: Selling before the foreclosure is complete may preserve equity and avoid the reinstatement payment entirely.
- Bankruptcy: Chapter 13 bankruptcy lets you cure the mortgage arrears over a 3-5-year court-supervised plan while keeping the home.
About Barrett Henry
Barrett Henry is a Broker Associate at REMAX Collective with 23+ years of Florida real estate experience. He helps homeowners across all 67 Florida counties evaluate whether reinstatement, modification, sale, or another strategy makes the most financial sense for their specific situation.
If you have received a reinstatement figure and are not sure whether paying it makes sense -- or if the figure looks inflated -- get a free, no-obligation consultation. Barrett can help you review the numbers and determine the right next step.
This article is for informational purposes only and does not constitute legal advice. Consult a Florida foreclosure attorney or HUD-approved housing counselor for guidance specific to your situation.
