Phase 5 • Alternative Strategy

Estoppel Certificate Request

Binding Statement of Account Status

Home › Templates › Phase 5 › Estoppel Certificate
Template Type
Estoppel Request
Legal Basis
UCC 3-602
Primary Effect
Lock In Claims
Response Period
15 Business Days

The Strategic Power of Estoppel

This document forces the servicer/bank to provide a binding statement about your loan that they cannot change later. Once they certify specific facts, they are legally "estopped" (prevented) from claiming otherwise. This:

Purpose and Effect

An estoppel certificate is a binding statement of account status. Once provided, the servicer cannot later claim different amounts, different ownership, or different facts. This is particularly valuable before making any payment, during settlement negotiations, or when preparing for litigation.

Estoppel Certificate Request Template

ESTOPPEL LETTER/CERTIFICATE REQUEST
Request for Binding Statement of Account Status

Date: [DATE]

FROM:
[YOUR FULL LEGAL NAME]
[YOUR ADDRESS]
[CITY, STATE ZIP]
("Borrower/Requesting Party")

TO:
[SERVICER/BANK NAME]
[ADDRESS]
[CITY, STATE ZIP]
("Servicer/Responding Party")

RE: Loan/Account Number: [ACCOUNT NUMBER]

Property Address: [PROPERTY ADDRESS]

Original Loan Date: [LOAN DATE]

Original Loan Amount: $[AMOUNT]

I. Purpose of Request

I hereby request an Estoppel Certificate/Letter stating the current status of the above-referenced loan account. This request is made for the following purposes:

  • Verification of actual amount owed
  • Confirmation of payment history
  • Identification of true owner of the debt
  • Settlement negotiations
  • Potential refinancing or sale
  • Legal proceedings preparation
  • Tax and accounting purposes

This certificate will be relied upon for important financial and legal decisions. Any false or misleading information may result in liability for damages.

II. Required Estoppel Information

You must provide a sworn statement certifying the following information as of [DATE]:

1 CURRENT BALANCE
  • Principal Balance: $_______________
  • Interest Accrued: $_______________
  • Late Fees: $_______________
  • Other Fees: $_______________
  • Escrow Balance: $_______________
  • Suspense Account: $_______________
  • TOTAL PAYOFF AMOUNT: $_______________
2 PAYMENT HISTORY

Complete payment history showing all payments received, dates, how applied, payments in suspense, returned payments, and current payment status.

3 OWNERSHIP AND AUTHORITY
  • Current owner of the promissory note: _______________
  • Current holder of the promissory note: _______________
  • Location of original wet-ink note: _______________
  • Your authority to collect (attach proof): _______________
  • All assignments of the mortgage/deed (attach copies)
4 INTEREST RATE
  • Current interest rate: _____%
  • Type (Fixed/Variable): _______________
  • Date of last rate change: _______________
  • Index and margin if variable: _______________
5 ESCROW ACCOUNT
  • Current escrow balance: $_______________
  • Monthly escrow payment: $_______________
  • Property taxes paid YTD: $_______________
  • Insurance paid YTD: $_______________
  • Escrow shortage/surplus: $_______________
6 DEFAULT STATUS
  • Default date (if applicable): _______________
  • Default amount: $_______________
  • Foreclosure status: _______________
  • Reinstatement amount: $_______________
7 MODIFICATIONS AND AGREEMENTS

List all loan modifications, forbearance agreements, or payment plans with dates and terms.

8 ALL FEES CHARGED

Itemize ALL fees: late fees, NSF fees, property inspection fees, legal fees, foreclosure costs, other fees.

III. Legal Effect

By providing this certificate, you are making binding representations that:

  1. All information provided is true, accurate, and complete
  2. You are legally estopped from later claiming different amounts or facts
  3. Third parties may rely on this certificate
  4. You may be liable for damages caused by false information
  5. This creates an enforceable agreement as to the stated facts
IV. Certificate Format Required

The Estoppel Certificate must be:

  • Sworn and notarized under penalty of perjury
  • On company letterhead
  • Signed by authorized officer with printed name and title
  • Dated as of specific date requested
  • Complete with all requested information
  • With supporting documents attached
RESPONSE REQUIRED WITHIN 15 BUSINESS DAYS
Deadline: [DATE + 15 BUSINESS DAYS]
V. Consequences of Failure to Respond

Your failure to provide the requested Estoppel Certificate within 15 business days will result in:

  1. Deemed Agreement to facts stated in this request
  2. Estoppel by Silence - cannot later dispute these facts
  3. Account Considered Satisfied if no balance is stated
  4. Presumption that you lack authority to collect
  5. Waiver of any unstated claims or fees
  6. Evidence of bad faith in servicing
VI. Statement of Facts (If No Response)

If you fail to respond with a proper Estoppel Certificate, the following facts will be deemed admitted:

  1. Current principal balance: $[AMOUNT YOU BELIEVE]
  2. Total amount needed to satisfy loan: $[PAYOFF AMOUNT]
  3. No late fees or other charges are owed
  4. All payments have been properly credited
  5. No valid foreclosure proceedings exist
  6. You do not possess the original promissory note
  7. You lack authority to enforce the debt
Verification

I, [YOUR NAME], hereby request the above Estoppel Certificate and declare under penalty of perjury that I am the borrower on the referenced loan and have the right to request this information.

Executed on this [DAY] day of [MONTH], [YEAR].

[YOUR SIGNATURE]

_________________________________
[YOUR PRINTED NAME]

Legal Authority

Binding Nature of Response

YOUR RESPONSE OR FAILURE TO RESPOND CREATES A BINDING AGREEMENT

Sending Checklist

Strategic Use

Compare any response you receive to:

Any discrepancies are evidence of fraud or negligent misrepresentation and can be used in litigation or regulatory complaints.

← Conditional Acceptance Promissory Note Offset →