The New USPS Postmark Rule and Its Impact on Default and Foreclosure

In November 2025, the U.S. Postal Service issued a final rule titled Postmarks and Postal Possession, effective December 24, 2025. While the rule does not alter how mail is physically collected or processed, it clarifies what a postmark represents—a distinction with significant implications for default servicing and foreclosure matters.

For years, many parties assumed that placing mail in a collection box or handing it to a carrier established the postmark date. Under the new rule, that assumption is no longer reliable. Because of changes to USPS transportation and processing workflows, mail deposited on a given day may not reach a processing facility until a later date. As a result, the postmark applied by USPS may reflect a date after the mail was actually deposited.

In areas of practice where deadlines are rigid and strictly enforced, that distinction matters.

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What the Rule Clarifies

The Postal Service added Section 608.11, Postmarks and Postal Possession, to the Domestic Mail Manual. The new section defines what qualifies as a postmark, explains when and where postmarks are applied, and outlines how customers may obtain proof of when USPS accepted possession of a mailing.

USPS emphasizes that the rule does not change postal operations or postmarking practices. Instead, it corrects a long-standing misconception: a postmark date does not necessarily reflect the date a mailpiece entered USPS custody.

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Why This Matters in Default and Foreclosure

Default servicing and foreclosure processes frequently rely on whether a notice was mailed “on or before” a specific date. Statutes, court rules, agency requirements, and loan documents commonly rely on mailing deadlines for documents such as default notices, pre-foreclosure letters, right-to-cure notices, and court filings.

Under the USPS clarification, a notice deposited on one day may receive a postmark dated one or more days later, depending on when it reaches a processing facility. Where courts or statutes rely on the postmark as evidence of timeliness, this delay can create compliance risk.

USPS has acknowledged that this misalignment between deposit dates and postmark dates is becoming more common due to its Regional Transportation Optimization initiative and revised service standards. In foreclosure litigation, this creates opportunities for challenges to the timing of notices, disputes over conditions precedent, and evidentiary battles over proof of mailing.

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Practical Considerations Going Forward

To address this risk, USPS advises customers who require certainty regarding mailing dates to take additional steps, including requesting manual postmarks at retail locations or using services such as Certificates of Mailing or Certificates of Service that independently document the date USPS accepted possession of a mailpiece.

In the default and foreclosure context, these measures are no longer mere best practices; they are important risk-management tools.

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Conclusion

The USPS’s clarification underscores a simple but consequential point: mailing a notice and proving when it was mailed are no longer the same thing. Servicers, counsel, and vendors should reassess their mailing procedures for time-sensitive notices and ensure they preserve reliable evidence of USPS possession.