We recommend sending the borrower both delinquency notices.

The 45 day SCRA notice is due “before the expiration of the 45-day period beginning on the date on which the failure occurs” (which is the failure “to pay any amount by the date the amount is due under a home loan”). 12 USC 1701x(c)(5).

If the customer does not send a payment and becomes delinquent by 60 or more days, you also must send the 60 day homeownership counseling notice “within 5 days (excluding Saturdays, Sundays, and legal public holidays) after the occurrence of such delinquency.” 12 USC 1701x(d)(6)(B).