Which of the following lending regulations apply to mortgage loans and settlement services?
OverviewThe Real Estate Settlement Procedures Act of 1974 (RESPA) (12 U.S.C. § 2601, et seq.) became effective on June 20, 1975. It requires lenders, mortgage brokers, or servicers of home loans to provide borrowers with pertinent and timely disclosures about the nature and costs of the real estate settlement process. RESPA also prohibits practices such as kickbacks, and limits the use of escrow accounts. The Department of Housing and Urban Development (HUD) originally published Regulation X, which implements RESPA. Show
The Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111–203 (July 10, 2010) (Dodd-Frank Act) granted rule-making authority under RESPA to the Consumer Financial Protection Bureau (CFPB). In December 2011, the CFPB restated HUD’s implementing regulation to 12 CFR Part 1024. In 2013, the CFPB issued several final rules amending Regulation X. The final rules implemented certain provisions of Title XIV of the Dodd-Frank Act and included major and technical changes to the existing regulations. Substantial changes included modifying the servicing transfer notice requirements and implementing new procedures and notice requirements for borrowers’ error resolution requests and information requests. The amendments also included new provisions regarding escrow payments, force-placed insurance, general servicing policies, procedures, and requirements, early intervention, continuity of contact, and loss mitigation. The amendments became effective on January 10, 2014. On December 31, 2013, the CFPB published final rules implementing Sections 1098(2) and 1100A(5) of the Dodd-Frank Act, which direct the CFPB to publish a single, integrated disclosure for mortgage transactions which includes mortgage disclosure requirements under the Truth in Lending Act (TILA) and sections 4 and 5 of RESPA. These amendments, also known as the “Know Before You Owe” mortgage disclosure rule, are referred to in this document as the “TILA-RESPA Integrated Disclosure Rule” or “TRID,” and are applicable to covered closed-end mortgage loans for which a creditor or mortgage broker receives an application on or after October 3, 2015. As a result, Regulation Z now houses the integrated forms, timing, and related disclosure requirements for most closed-end consumer mortgage loans. The new integrated disclosures are not used to disclose information about reverse mortgages, home equity lines of credit (HELOCs), chattel-dwelling loans such as loans secured by a mobile home or by a dwelling that is not attached to real property (i.e., land), or other transactions not covered by the TILA-RESPA Integrated Disclosure rule. The final rule also does not apply to loans made by a creditor who makes five or fewer mortgages in a year. Creditors originating these types of mortgages must continue to use, as applicable, the Good Faith Estimate, HUD-1 Settlement Statement, and Truth in Lending disclosures. On August 4, 2016, the CFPB issued a final rule (2016 Mortgage Servicing Rule) amending certain mortgage servicing provisions in Regulation X and Regulation Z issued by the CFPB in 2013. This final rule clarifies, revises, or amends provisions regarding force-placed insurance notices, policies and procedures, early intervention, and loss mitigation requirements under Regulation X’s servicing provisions; and prompt crediting and periodic statement requirements under Regulation Z’s servicing provisions. The final rule also addresses proper compliance regarding certain servicing requirements when a person is a potential or confirmed successor in interest, is a debtor in bankruptcy, or sends a cease communication request under the Fair Debt Collection Practices Act. The final rule also makes technical corrections to several provisions of Regulations X and Z. The exam procedures will use “RESPA” interchangeably for Real Estate Settlement Procedures Act and Regulation X, since Regulation X is the implementing regulation. All of the regulation references are to Regulation X (12 CFR 1024). Full text of Real Estate Settlement Procedures Act (Regulation X) can be found here. (opens new window)
Associated Risks
Examination Objectives
Examination ProceduresGeneral
Special Information Booklet – § 1024.6 (opens new window)
Good Faith Estimate – § 1024.7 (opens new window)Note: This section of the Procedures only applies to loans not subject to the TILA-RESPA Integrated Disclosure Final Rule, including: reverse mortgages, home equity lines of credit (HELOCs), chattel-dwelling loans such as loans secured by a mobile home or by a dwelling that is not attached to real property (i.e., land). This section also only applies to loans made by a creditor who makes five or fewer mortgages in a year.
Uniform Settlement Statement Form (HUD-1 and HUD-1A) – § 1024.8 (opens new window)Note: This section of the Procedures only applies to loans not subject to the TILA-RESPA Integrated Disclosure Final Rule, including: reverse mortgages, home equity lines of credit (HELOCs), chattel-dwelling loans such as loans secured by a mobile home or by a dwelling that is not attached to real property (i.e., land). This section also only applies to loans made by a creditor who makes five or fewer mortgages in a year.
No Fees for RESPA Disclosures – § 1024.12 (opens new window)
Payment or Receipt of Referral or Unearned Fees – § 1024.14 (opens new window)
Affiliated Business Arrangements – § 1024.15 (opens new window)
Purchase of Title Insurance – § 1024.16 (opens new window)
Escrow Accounts – § 1024.17 (opens new window)If the credit union maintains escrow accounts in connection with a federally related mortgage loan, complete the following procedures.
List of Home Ownership Counseling Organizations - § 1024.20 (opens new window)
Mortgage Servicing Transfers – § 1024.33 (opens new window)
Timely Escrow Payments and Treatment of Escrow - § 1024.34 (opens new window)
Error Resolution Procedures – § 1024.35 (opens new window)
Requests for Information – § 1024.36 (opens new window)
Force-Placed Insurance – § 1024.37 (opens new window)
General Servicing Policies, Procedures, and Requirements – § 1024.38 (opens new window)Note: These exam procedures do not apply to “small servicers.”
Early Intervention Requirements for Certain Borrowers – § 1024.39 (opens new window)Note: These exam procedures do not apply to “small servicers.”
Continuity of Contact – § 1024.40 (opens new window)Note: These exam procedures do not apply to “small servicers.”
Loss Mitigation Procedures – § 1024.41 (opens new window)Note: These exam procedures do not apply to “small servicers.”
Rules for Small Servicers
Review ConsiderationsReview Considerations
REAL ESTATE SETTLEMENT PROCEDURES (RESPA) REGULATION X EXAMINATION CHECKLISTRESPA Compliance ReadinessRESPA Compliance Readiness
Special Information BookletSpecial Information Booklet
Good Faith Estimate - For transactions not covered by TRIDGood Faith Estimate - For transactions not covered by TRID
Uniform Settlement Statement (HUD-1 or HUD-1A) - Other than for transactions covered by TRIDUniform Settlement Statement (HUD-1 or HUD-1A) - Other than for transactions covered by TRID
Payment or Receipt of Referral or Unearned FeesPayment or Receipt of Referral or Unearned Fees
Affiliated Business AgreementsAffiliated Business Agreements
Required Title Insurance as Condition of SaleRequired Title Insurance as Condition of Sale
Escrow AccountsEscrow Accounts
Force-Placed InsuranceForce-Placed Insurance
List of Home Ownership Counseling OrganizationsList of Home Ownership Counseling Organizations
Mortgage Servicing Statement DisclosureMortgage Servicing Statement Disclosure
Notice to Borrower of Transfer of Mortgage ServicingNotice to Borrower of Transfer of Mortgage Servicing
Responding to Borrower InquiriesResponding to Borrower Inquiries
Subpart C – Mortgage ServicingMortgage Servicing Transfer Disclosures – § 1024.33 (opens new window)Mortgage Servicing Transfer Disclosures – § 1024.33
Transfers of Mortgage Servicing Rights – DisclosuresTransfers of Mortgage Servicing Rights – Disclosures
Transfers of Mortgage Servicing Rights – Treatment of Post-Transfer PaymentsTransfers of Mortgage Servicing Rights – Treatment of Post-Transfer Payments
Timely Escrow Payments and Treatment of Escrow
Timely Escrow Payments and Treatment of Escrow Account Balances – § 1024.34 |
Item | Description | Yes | No | N/A |
---|---|---|---|---|
56 | Did the credit union made payments from the escrow account in a timely manner? (§ 1024.34) (opens new window) | |||
57 | Did the credit union return amounts remaining in escrow within 20 days (excluding legal public holidays, Saturdays, and Sundays) after the borrower paid the mortgage loan in full? (§ 1024.34(b)) (opens new window) |
Error Resolution Procedures – § 1024.35 (opens new window)
Address for Error Notices
Address for Error NoticesItem | Description | Yes | No | N/A |
---|---|---|---|---|
58 | If the credit union gives a specific address to receive notice of errors, did it notify the borrower in writing that the borrower must use that address? (§ 1024.35(c)) (opens new window) | |||
59 | Did the credit union also provided that address to the borrower in each of the following three types of communications: | N/A | N/A | N/A |
59(a) | Any periodic statement or coupon book required by § 1026.41 (opens new window)? | |||
59(d) | Any website the credit union maintains for servicing the loan? | |||
59(c) | Any notice required by §§ 1024.39 (opens new window) (early intervention) or 1024.41 (opens new window) (loss mitigation) that includes contact information for assistance? (Comment 1024.35(c)(2)) (opens new window) | |||
60 | Was the same address given by the credit union for receiving information requests? (§§ 1024.36(b) (opens new window) and 1024.35(c) (opens new window)) | |||
61 | Was the credit union’s electronic method for submitting error notices—if used—in addition to, and not instead of, any process for receiving error notices by mail? (Comment 1024.35(c)(4)) (opens new window) |
Acknowledgement of Error Notices
Acknowledgement of Error NoticesItem | Description | Yes | No | N/A |
---|---|---|---|---|
62 | Did the credit union properly acknowledged the error notice by providing written acknowledgement to the borrower within five days (excluding legal public holidays, Saturdays, and Sundays) after receiving an error notice? (§ 1024.35(d)) (opens new window) | |||
63 | If an acknowledgment was not given, was it not required for one of the following reasons: | N/A | N/A | N/A |
63(a) | The credit union corrected the errors asserted and notified the borrower in writing within five days (excluding legal public holidays, Saturdays, and Sundays) of receiving the error notice? (§ 1024.35(f)) (opens new window) | |||
63(b) | The credit union determined that it was not required to respond and provided written notice, with the reason for its decision not to take any action, to the borrower within five days (excluding legal public holidays, Saturdays, and Sundays) after making the determination? (§ 1024.35(g)) (opens new window) | |||
63(c) | The error notice related to violations of certain loss mitigation procedures under § 1024.35(b)(9) or (10) (opens new window) and the credit union received it seven or fewer days before a foreclosure sale? |
Response to Error Notices
Response to Error NoticesItem | Description | Yes | No | N/A |
---|---|---|---|---|
64 | Did the credit union properly responded to a borrower’s written error notice by either: | N/A | N/A | N/A |
64(a) | Correcting the errors identified by the borrower as well as any other errors that were discovered during the investigation and providing written notice to the borrower of the corrections, the date the corrections took effect, and contact information for further assistance? | |||
64(b) | Conducting a reasonable investigation and providing the borrower with a written notice stating that the credit union has determined that no error occurred, the reasons for its determination, the borrower’s right to request documents the credit union relied on in reaching its determination and how to do so, and contact information for further assistance? (§ 1024.35(e)) (opens new window) | |||
65 | AND If the alleged error was a failure to provide an accurate payoff balance amount, did the credit union responded within seven days (excluding legal public holidays, Saturdays, and Sundays)? (§ 1024.35(e)(3)(A)) (opens new window) | |||
65(a) | If the alleged error was either (1) making the first notice or filing for a judicial or non-judicial foreclosure process in violation of § 1024.41(f) or (j) (opens new window), or (2) moving for foreclosure judgment or order of sale or conducting a foreclosure sale in violation of § 1024.41(g) or (j) (opens new window), did the credit union respond by either of 30 days (excluding legal public holidays, Saturdays, and Sundays) or the date of a foreclosure sale, whichever comes first? (§ 1024.35(e)(3)(B)) (opens new window) Note: If the credit union received the error notice seven or fewer days before a foreclosure sale, the credit union is not required to respond in writing, but must make a good faith attempt to respond orally or in writing to the borrower and either correct the error or state the reason the credit union determined that no error occurred (§ 1024.35(f)(2)) (opens new window) | |||
65(b) | For all other alleged errors, did the credit union respond within 30 days (excluding legal public holidays, Saturdays, and Sundays) unless, before the expiration of that 30-day period, the credit union extended the time for responding by an additional 15 days (excluding legal public holidays, Saturdays, and Sundays) by notifying the borrower in writing of the extension and the reasons for it? (§ 1024.35(e)(3)) (opens new window) | |||
66 | If the credit union did not respond, did it determine that the above responses were not required because either: | N/A | N/A | N/A |
66(a) | The credit union corrected the errors asserted and notified the borrower in writing within five days (excluding legal public holidays, Saturdays, and Sundays) of receiving the error notice? (§ 1024.35(f)) (opens new window) | |||
66(b) | The credit union determined that it was not required to respond and provided written notice, with the reason for its decision not to take any action, to the borrower within five days (excluding legal public holidays, Saturdays, and Sundays) after making the determination? (§ 1024.35(g)) (opens new window) | |||
66(c) | The error notice related to violations of certain loss mitigation procedures under § 1024.35(b)(9) or (10) (opens new window) and was received by the credit union seven or fewer days before a foreclosure sale. For such error notices, the credit union must make a good faith attempt to respond orally or in writing to the borrower and either correct the error or state the reason the credit union determined that no error occurred? (§ 1024.35(f)(2)) (opens new window) |
Determination that No Error Occurred
Determination that No Error OccurredItem | Description | Yes | No | N/A |
---|---|---|---|---|
67 | Was the supporting documentation the credit union relied up to determine that no error occurred provided to the borrower within 15 days (excluding legal public holidays, Saturdays, and Sundays) of the borrower’s request? (§ 1024.35(e)(4)) (opens new window) | |||
68 | Was written notification provided to the borrower within 15 days (excluding legal public holidays, Saturdays, and Sundays) if the credit union withheld documents that included confidential, proprietary, or privileged information? (§ 1024.35(e)(4)) (opens new window) |
Determination that No Response was Required
Determination that No Response was RequiredItem | Description | Yes | No | N/A |
---|---|---|---|---|
69 | Was it determined that one of the following three exemptions applied—nullifying the credit union’s requirement to respond: | N/A | N/A | N/A |
69(a) | The error asserted is substantially the same as an error previously asserted by the borrower that the credit union already complied with? (§ 1024.35(d)) (opens new window) | |||
69(b) | The error notice was overbroad? | |||
69(c) | The error notice was untimely? |
Asserted Errors Related to Non-Bona Fide Fees
Asserted Errors Related to Non-Bona Fide FeesItem | Description | Yes | No | N/A |
---|---|---|---|---|
70 | If a borrower alleged that a fee or charge that the credit union imposed lacked a reasonable basis, was there a reasonable basis for the imposition of a fee by the credit union? (§ 1024.35(b)(5)) (opens new window) |
Impermissible Fees and Conditions and Other Restrictions
Item | Description | Yes | No | N/A |
---|---|---|---|---|
71 | Did the credit union not require the borrower to provide supporting documents as a condition of investigating the alleged error? (§ 1024.35(e)(2)(i)) (opens new window) | |||
72 | Did the credit union refrain from determining that no error occurred without conducting a reasonable investigation due to the borrower’s failure to provide any requested information? (§ 1024.35(e)(2)(ii)) (opens new window) | |||
73 | Did the credit union not charge a fee or require the borrower to make any payments as a condition to responding to an error notice? (§ 1024.35(h)) (opens new window) | |||
74 | Did the credit union not provide any adverse information about a payment to a consumer reporting agency within 60 days of receiving an error notice on the payment? (§ 1024.35(i)) (opens new window) |
Requests for Information – § 1024.36 (opens new window)
Address for Information Requests
Address for Information RequestsItem | Description | Yes | No | N/A |
---|---|---|---|---|
75 | If the credit union gave a specific address for requests for information, did the credit union provide written notice of the address where the borrower must send information requests, along with a statement informing the borrower that the provided address must be used to request information? (§ 1024.36(b)) (opens new window) | |||
76 | Did the credit union provide the borrower with the address in each of the following communications: | N/A | N/A | N/A |
76(a) | Any periodic statement or coupon book required under 12 CFR § 1026.41 (opens new window)? | |||
76(c) | Any website the credit union maintains for servicing the loan? | |||
76(d) | Any notice required by §§ 1024.39 (opens new window) (early intervention) or 1024.41 (opens new window) (loss mitigation) that includes contact information for assistance? (Comment 1024.36(c)(2) (opens new window)) | |||
77 | Did the credit union give the same address for receiving information requests? (§§ 1024.35(c) (opens new window) and 1024.36(b) (opens new window)) | |||
78 | Does the credit union respond to information requests sent to any of its offices? (Comment 1024.36(b)(1) (opens new window)) |
Acknowledgement of Information Requests
Acknowledgement of Information RequestsItem | Description | Yes | No | N/A |
---|---|---|---|---|
79 | Was written acknowledgement provided to the borrower within five days (excluding legal public holidays, Saturdays, and Sundays) of the credit union receiving the information request? (§ 1024.36(c)) (opens new window) | |||
80 | If no such acknowledgment was provided, did the credit union determine that acknowledgement was not required because either: | N/A | N/A | N/A |
80(a) | The credit union provided the borrower with the information requested and contact information (including telephone number) for further assistance within five days (excluding legal public holidays, Saturdays, and Sundays)? (§ 1024.36(e)) (opens new window) | |||
80(b) | The credit union determined that it was not required to respond and provided the borrower written notice with the reason for its determination not to respond to the request to the borrower within five days (excluding legal public holidays, Saturdays, and Sundays) after making the determination? (§ 1024.36(f)) (opens new window) |
Response to Information Requests
Response to Information RequestsItem | Description | Yes | No | N/A |
---|---|---|---|---|
81 | Did the credit union properly responded to the information request by either: | N/A | N/A | N/A |
81(a) | Providing the requested information and contact information for further assistance? (§ 1024.36(d)(1)(i)) (opens new window) | |||
81(b) | Conducting a reasonable search for the requested information and providing the borrower with a written notice telling the borrower that the credit union has determined that the requested information is not available, the reason for the credit union’s determination, and contact information for further assistance? (§ 1024.36(d)(1)(ii)) (opens new window) | |||
82 | Did the credit union comply with the following time frames: | N/A | N/A | N/A |
82(a) | The credit union responded within 10 days (excluding legal public holidays, Saturdays, and Sundays) to borrower request for the identity of or contact information for the owner or assignee of a mortgage loan? | |||
82(b) | The credit union responded within 30 days (excluding legal public holidays, Saturdays, and Sundays) to all other information requests, unless, before the expiration of that 30-day period, the credit union extended the time for responding by an additional 15 days (excluding legal public holidays, Saturdays, and Sundays) by notifying the borrower in writing of the extension and the reasons for it? (§ 1024.36(d)) (opens new window) | |||
83 | If the credit union did not respond to the borrower’s request for information, was it determined that the above responses were not required because: | N/A | N/A | N/A |
83(a) | The credit union provided the borrower with the information requested and contact information (including telephone number) for further assistance within five days (excluding legal public holidays, Saturdays, and Sundays)? (§ 1024.36(e)) (opens new window) | |||
83(b) | The credit union determined that it was not required to respond and provided the borrower written notice with the reason for its determination not to respond to the request to the borrower within five days (excluding legal public holidays, Saturdays, and Sundays) after making the determination? (§ 1024.36(f)(2)) (opens new window) |
Information Requests Regarding the Identity or Contact Information of the Owner or Assignee of a Mortgage Loan
Information Requests Regarding the Identity or Contact Information of the Owner or Assignee of a Mortgage LoanItem | Description | Yes | No | N/A |
---|---|---|---|---|
84 | If the information requested is the identity or contact information of the owner or assignee of a mortgage loan, did the credit union comply by identifying the person on whose behalf the credit union receives payments? (Comment 1024.36(a)(2)) (opens new window) |
Determination that No Response was Required
Determination that No Response was RequiredItem | Description | Yes | No | N/A |
---|---|---|---|---|
85 | If the credit union was exempt from the requirement to respond, did they determine whether one of the following five exemptions applied: | N/A | N/A | N/A |
85(a) | The information requested is substantially the same as information the borrower previously requested, and the credit union has already complied with the requirements for responding to the first request? (§ 1024.36(f)(1)(i)) (opens new window) | |||
85(b) | The information requested is confidential, proprietary, or privileged? (§ 1024.36(f)(1)(ii)) (opens new window) | |||
85(c) | The information requested is not directly related to the borrower’s mortgage loan account? (§ 1024.36(f)(1)(iii)) (opens new window) | |||
85(d) | The information request is overbroad or unduly burdensome. A request is overbroad if the borrower requests that the credit union provide an unreasonable volume of documents or information. A request is unduly burdensome if a diligent credit union could not respond within the time periods in § 1024.36(d)(2) (opens new window) or would incur costs (or have to dedicate resources) that would be unreasonable under the circumstances? (§ 1024.36(f)(1)(iv)) (opens new window) | |||
85(e) | The information request is sent more than one year after either the mortgage loan balance was discharged or the credit union transferred the mortgage loan to another servicer? (§ 1024.36(f)(1)(v)) (opens new window) |
Determination that Information Request was Overbroad
Determination that Information Request was OverbroadItem | Description | Yes | No | N/A |
---|---|---|---|---|
86 | If a submitted request was overbroad or unduly burdensome, could the credit union have reasonably identified a valid information request in the submission? (§ 1024.36(f)(1)(iv)) (opens new window) |
Impermissible Fees and Conditions
Impermissible Fees and ConditionsItem | Description | Yes | No | N/A |
---|---|---|---|---|
87 | Did the credit union not charge a fee or require a borrower to make a payment as a condition of responding to an information request? (§ 1024.36(g)) (opens new window) |
Force-Placed Insurance – § 1024.37
Assessing Charges or Fees Related to Force-Placed Insurance
Reasonable Basis
Reasonable BasisItem | Description | Yes | No | N/A |
---|---|---|---|---|
88 | Did the credit union have a reasonable basis to believe that the borrower did not comply with the mortgage loan contract’s requirement to maintain hazard insurance? (§ 1024.37(b)) (opens new window) |
Initial Notice
Initial NoticeItem | Description | Yes | No | N/A |
---|---|---|---|---|
86 | Did the credit union provide the initial written notice to the borrower at least 45 days before assessing a fee or charge? (§ 1024.37(c)) (opens new window) | |||
87(a) | The date of the notice? | |||
87(b) | The credit union’s name and mailing address? | |||
87(c) | The borrower’s name and mailing address? | |||
87(d) | A statement that requests the borrower provide hazard insurance information for the borrower’s property and that identifies the property by its physical address? | |||
87(e) | A statement that the borrower’s hazard insurance has expired or is expiring (as applicable), that the credit union lacks evidence that the borrower has hazard insurance coverage past the expiration date, and (if applicable) that identifies the type of hazard insurance lacking? | |||
87(f) | A statement that hazard insurance is required on the borrower’s property and that the credit union has purchased or will purchase insurance at the borrower’s expense? | |||
87(g) | A request that the borrower promptly provide the credit union with insurance information? | |||
87(h) | A description of the requested insurance information, how the borrower may provide such information, and (if applicable) that the requested information must be in writing? | |||
87(i) | A statement that the insurance coverage the credit union has purchased or will purchase may cost significantly more than, and provide less coverage than, hazard insurance purchased by the borrower? | |||
87(j) | The credit union’s phone number for borrower questions? | |||
87(k) | A statement advising that the borrower review additional information provided in the same mailing (if applicable)? | |||
88 | Was the initial notice in the correct form? (§§ 1024.37(c)(3) to (4)) (opens new window) |
Reminder Notice
Reminder NoticeItem | Description | Yes | No | N/A |
---|---|---|---|---|
89 | Did the credit union provide a reminder notice (i) at least 30 days after mailing or delivering the initial notice, and (ii) at least 15 days before assessing any charges or fees for force-placed insurance if they had received no hazard insurance information? (§ 1024.37(d)(1)) (opens new window) | |||
90 | For borrowers who did not provide hazard insurance information, did the reminder notice: | N/A | N/A | N/A |
90(a) | Contain the date of the reminder notice and all of the other information provided in the initial notice? | |||
90(b) | Advise that it is a second and final notice? | |||
90(c) | Identify the annual cost of force-placed insurance or, if unknown, a reasonable estimate? (§ 1024.37(d)(2)(i)) (opens new window) | |||
91 | When the credit union receives hazard insurance information but does not receive evidence of continuous coverage, did the reminder notice include the following information: (§ 1024.37(d)(2)(ii)) (opens new window) | N/A | N/A | N/A |
91(a) | The date of the reminder notice? | |||
91(b) | The credit union’s name and mailing address? | |||
91(c) | The borrower’s name and mailing address? | |||
91(d) | A statement requesting that the borrower provide hazard insurance information for the borrower’s property and that identifies the property by its physical address? | |||
91(e) | The credit union’s phone number for borrower questions? | |||
91(f) | A statement advising that the borrower review additional information provided in the same mailing (if applicable)? | |||
91(g) | A statement that it is the second and final notice? | |||
91(h) | The annual cost of force-placed insurance, or if unknown, a reasonable estimate? | |||
91(i) | A statement that the credit union has received the hazard insurance information that the borrower provided? | |||
91(j) | A request that the borrower provide the missing information? | |||
91(k) | A statement that the borrower will be charged for insurance the credit union purchases for the time period in which the credit union cannot verify coverage? | |||
92 | Was the reminder notice in the correct form? (§§ 1024.37(d)(3) to (4)) (opens new window) | |||
93 | By the end of the 15-day period after the credit union sent the reminder notice, did the borrower provide evidence of hazard insurance that complies with the loan contract continuously in place? (§§ 1024.37(c)(1)(iii) (opens new window) and Comment 1024.37(c)(1)(iii)(2) (opens new window)) |
Assessing Charges or Fees for Renewing or Replacing Force-Placed Insurance
Assessing Charges or Fees for Renewing or Replacing Force-Placed InsuranceItem | Description | Yes | No | N/A |
---|---|---|---|---|
94 | Did the credit union provide a written renewal notice to the borrower at least 45 days before assessing any fee or charge? (§ 1024.37(e)(1)(i)) (opens new window) | |||
95 | Does the renewal notice include: | N/A | N/A | N/A |
95(a) | The date of the renewal notice? | |||
95(b) | The credit union’s name and mailing address? | |||
95(c) | The borrower’s name and mailing address? | |||
95(d) | A statement that requests the borrower to update the hazard insurance information for the borrower’s property and that identifies the property by its physical address? | |||
95(e) | A statement that the credit union previously purchased force-placed insurance at the borrower’s expense because the credit union did not have evidence that the borrower had hazard insurance coverage? | |||
95(f) | A statement that the force-placed insurance has expired or is expiring, as applicable, and that the credit union intends to renew or replace it because hazard insurance is required on the property? | |||
95(g) | A statement that the insurance coverage the credit union has purchased or will purchase may cost significantly more than, and provide less coverage than, insurance purchased by the borrower, and identifying the annual premium cost of force-placed insurance or a reasonable estimate? | |||
95(h) | A statement that if the borrower purchases hazard insurance, the borrower should promptly provide the credit union with insurance information? | |||
95(i) | A description of the requested insurance information and how the borrower may provide such information, and if applicable, that the requested information must be in writing? | |||
95(j) | The credit union’s telephone number for borrower questions? | |||
95(k) | A statement advising the borrower to review additional information provided in the same mailing (if applicable)? | |||
96 | Was the renewal notice in the correct form? | |||
97 | Does the notice provide certain information in bold text other than the specific statements listed above? (§§ 1024.37(e)(3) and (4)) (opens new window) | |||
98 | 45 days after sending the renewal notice, did the credit union receive evidence that the borrower had purchased hazard insurance coverage? (§ 1024.37(e)(1)(ii)) (opens new window) | |||
99 | Did the credit union require a copy of the borrower’s hazard insurance policy declaration page, the borrower’s insurance certificate, the borrower’s insurance policy, or other forms of written confirmation as evidence? |
General Mailing Requirements, Canceling Force-Placed Insurance, and Bona Fide and Reasonable Fee Requirements
General Mailing Requirements, Canceling Force-Placed Insurance, and Bona Fide and Reasonable Fee RequirementsItem | Description | Yes | No | N/A |
---|---|---|---|---|
100 | If the credit union mailed any of the written initial reminder, or renewal notices did the servicer use a class of mail not less than first-class mail? (§ 1024.37(f)) (opens new window) | |||
101 | If the credit union received evidence that the borrower had the required hazard insurance coverage in place, did the credit union perform each of the following within 15 days: | |||
101(a) | Cancel the force-placed insurance? | |||
101(b) | Refund force-placed insurance premiums charges and fees for the period the coverage overlapped? | |||
101(c) | Remove all force-placed charges and fees from the borrower’s account for the period the coverage overlapped? (§ 1024.37(g)) (opens new window) | |||
102 | Are all fees or charges assessed on the borrower related to force-placed insurance bona fide and reasonable (except for charges subject to state regulation and charges authorized by the Flood Disaster Protection Act of 1973)? (§ 1024.37(h)) (opens new window) |
General Servicing Policies, Procedures, and Requirements – § 1024.38 (opens new window)
Policies and Procedures – Accessing and Providing Timely and Accurate Information
Policies and Procedures – Accessing and Providing Timely and Accurate InformationItem | Description | Yes | No | N/A |
---|---|---|---|---|
103 | [Not applicable to “small servicers.”] Does the credit union maintain policies and procedures that ensure that it has access to and provides timely and accurate information? (§§ 1024.38(a) and (b)(1)) (opens new window) | |||
103(a) | Do these policies and procedures ensure that the credit union: | N/A | N/A | N/A |
103(b) | Provide accurate and timely disclosures to the borrower? | |||
103(c) | Investigate, respond to, and make corrections in response to borrowers’ complaints, including promptly obtaining information from service providers to investigate and if applicable correct errors resulting from actions of service providers? | |||
103(d) | Provide borrowers with accurate and timely information and documents in response to borrower requests for information about the borrower’s mortgage loan? | |||
103(e) | Provide owners and assignees of mortgage loans with accurate and current information and documents about all the mortgage loans they own, including information about the credit union’s evaluations of borrowers for loss mitigation options and loss mitigation agreements with borrowers? | |||
103(f) | Submit accurate and current information and documents that comply with applicable law during the foreclosure process? | |||
103(g) | Upon learning of a borrower’s death, promptly communicate with the borrower’s successor in interest about the secured property? |
Policies and Procedures – Proper Evaluation of Loss Mitigation Applications
Policies and Procedures – Proper Evaluation of Loss Mitigation ApplicationsItem | Description | Yes | No | N/A |
---|---|---|---|---|
104 | [Not applicable to “small servicers.”] Does the credit union maintain policies and procedures that ensure that its personnel properly evaluate loss mitigation applications? (§§ 1024.38(a) and (b)(2)) (opens new window) | |||
105 | Do these policies and procedures ensure that the credit union: | N/A | N/A | N/A |
105(a) | Provide accurate information regarding available loss mitigation options from the owner or assignee of the borrower’s loan? | |||
105(b) | Specifically identify all loss mitigation options a borrower may be eligible for, including identifying, with respect to each owner or assignee, all of the loss mitigation options the credit union may consider when evaluating a borrower, as well as the criteria the credit union should apply for each option? | |||
105(c) | Provide the loss mitigation personnel assigned to the borrower’s mortgage loan pursuant to § 1024.40 (opens new window) with prompt access to all of the documents and information that the borrower submitted for loss mitigation option? | |||
105(d) | Identify the documents and information a borrower must submit to complete a loss mitigation application? | |||
105(e) | In response to a complete loss mitigation application, properly evaluate the borrower for all eligible loss mitigation options according to any requirements established by the owner or assignee of the mortgage loan, even if those requirements are beyond the requirements of § 1024.41 (opens new window)? |
Policies and Procedures – Oversight of Servicer Providers
Policies and Procedures – Oversight of Servicer ProvidersItem | Description | Yes | No | N/A |
---|---|---|---|---|
106 | [Not applicable to “small servicers.”] Does the credit union maintain policies and procedures for service provider oversight and compliance? (§§ 1024.38(a) and (b)(3)) (opens new window) | |||
107 | Do these policies and procedures ensure that the credit union: | N/A | N/A | N/A |
107(a) | Provide appropriate personnel with access to accurate and current documents and information concerning the service providers’ actions? | |||
107(b) | Allow periodic reviews of service providers? | |||
107(c) | Allow sharing accurate and current information about the status of a borrower’s loss mitigation application and any foreclosure proceeding among appropriate credit union personnel. These include the loss mitigation personnel assigned to the borrower’s mortgage loan, and appropriate service provider personnel, including service provider personnel responsible for handling foreclosure proceedings? |
Policies and Procedures – Transfer of Information
Policies and Procedures – Transfer of InformationItem | Description | Yes | No | N/A |
---|---|---|---|---|
108 | [Not applicable to “small servicers.”] Does the credit union maintain policies and procedures for transferring information during servicing transfers? (§§ 1024.38(a) and (b)(4)) (opens new window) | |||
109 | Do these policies and procedures ensure that a transferor servicer timely and accurately transfers all information and documents in its possession and control related to a transferred mortgage loan to the transferee servicer? Is this done in a way that ensures its accuracy and that allows the transferee to comply with the terms of the mortgage loan and applicable law, including any information about the status of any loss mitigation agreements or discussions with the borrower and any analysis performed regarding potential recovery from non-performing mortgage loans? | |||
109(a) | AND that a transferee servicer identify necessary documents or information that may not have been transferred, obtain the missing documentation or information from the transferor servicer (for documents and information related to loss mitigation, the transferee’s policies and procedures must require it to attempt to obtain the missing documents from the transferor servicer before attempting to obtain such documents from the borrower)? |
Policies and Procedures – Notifying Borrowers of Error Notice and Information Request Procedures
Policies and Procedures – Notifying Borrowers of Error Notice and Information Request ProceduresItem | Description | Yes | No | N/A |
---|---|---|---|---|
110 | [Not applicable to “small servicers.”] Does the credit union maintain policies and procedures that inform borrowers about procedures for submitting written error notices and written information requests? (§§ 1024.38(a) and (b)(5)) (opens new window) | |||
111 | Do these policies and procedures ensure that the credit union informs borrowers who are not satisfied with the credit union’s response to oral complaints or information requests about the procedures for submitting written error notices? (§§ 1024.35 (opens new window), 1024.36 (opens new window)) |
Records Maintenance – Accurate Records
Records Maintenance – Accurate RecordsItem | Description | Yes | No | N/A |
---|---|---|---|---|
112 | [Not applicable to “small servicers.”] For any mortgage loan, does the credit union keep accurate records that document actions regarding the mortgage loan account (which includes any mortgage loan that has been transferred or paid in full)? (§ 1024.38(c)(1)) (opens new window) | |||
113 | Are these records kept by the credit union until one year after the loan is discharged or until the credit union transfers servicing for the mortgage loan to a transferee servicer? (§ 1024.38(c)(1)) (opens new window) |
Records Maintenance – Facilitating Aggregation of Information
Records Maintenance – Facilitating Aggregation of InformationItem | Description | Yes | No | N/A |
---|---|---|---|---|
114 | [Not applicable to “small servicers.”] For documents or information created on or after January 10, 2014, does the credit union keep the following five items for each mortgage loan file in a way that allows the credit union to compile them into a servicing file within five days: | N/A | N/A | N/A |
114(a) | A schedule of all credits and debits to the account (including escrow accounts and suspense accounts)? | |||
114(b) | A copy of the security instrument that establishes the lien securing the mortgage loan? | |||
114(c) | Any notes created by credit union personnel regarding communications with the borrower concerning the account? | |||
114(d) | A report of the data fields for the borrower’s account created by the credit union’s electronic systems (if applicable)? | |||
114(e) | Copies of any information or documents the borrower provided to the credit union regarding written error notices or loss mitigation? (§ 1024.38(c)(2)) (opens new window) |
Early Intervention Requirements for Certain Borrowers – § 1024.39 (opens new window)
Live Contact
Live ContactItem | Description | Yes | No | N/A |
---|---|---|---|---|
115 | [Not applicable to “small servicers.”] Did the credit union the credit union make good faith efforts to establish live contact with the borrower within 36 days after each time the borrower became delinquent? (§ 1024.39(a)) (opens new window) | |||
116 | After establishing live contact, did the credit union promptly inform the borrower of loss mitigation options, if appropriate (based on the credit union’s discretion)? (§ 1024.39(a)) (opens new window) |
Early Intervention Requirements for Certain Borrowers – § 1024.39 (opens new window)
Live Contact
Live ContactItem | Description | Yes | No | N/A |
---|---|---|---|---|
115 | [Not applicable to “small servicers.”] Did the credit union the credit union make good faith efforts to establish live contact with the borrower within 36 days after each time the borrower became delinquent? (§ 1024.39(a)) (opens new window) | |||
116 | After establishing live contact, did the credit union promptly inform the borrower of loss mitigation options, if appropriate (based on the credit union’s discretion)? (§ 1024.39(a)) (opens new window) |
Written Notice
Written NoticeItem | Description | Yes | No | N/A |
---|---|---|---|---|
117 | [Not applicable to “small servicers.”] Did the credit union send a written notice to the borrower within 45 days after borrower became delinquent? (§ 1024.39(b)(1)) (opens new window) | |||
118 | Does the notice include: | N/A | N/A | N/A |
118(a) | A statement encouraging the borrower to contact the credit union? | |||
118(b) | The telephone number to access assigned loss mitigation personnel? | |||
118(c) | A brief description of examples of loss mitigation options that may be available to the borrower (if applicable)? | |||
118(d) | Instructions for completing the loss mitigation application or instructions on how to obtain more information about loss mitigation options (such as by contacting the credit union), if applicable? | |||
118(e) | Either the CFPB’s or HUD’s website to access homeownership counselors or counseling organizations lists and HUD’s toll-free number to access homeownership counselors or counseling organizations? (§ 1024.39(b)(2)) (opens new window) |
Continuity of Contact – § 1024.40 (opens new window)
Continuity of Contact – § 1024.40Item | Description | Yes | No | N/A |
---|---|---|---|---|
119 | [Not applicable to “small servicers.”] Does the credit union maintain policies and procedures to assign personnel to a delinquent borrower by the time the written early intervention notice was provided, and in any event, within 45 days after the borrower became delinquent? (§ 1024.40(a)) (opens new window) | |||
120 | Does the credit union maintain policies and procedures to ensure the assigned personnel’s availability, via telephone, to answer the borrower’s questions and (as applicable) assist the borrower with available loss mitigation options until the borrower has made, without incurring a late charge, two consecutive mortgage payments according to the terms of a permanent loss mitigation agreement? (§ 1024.40(a)(2)) (opens new window) | |||
121 | Does the credit union maintain policies and procedures to ensure that, if a borrower contacts the assigned personnel and does not immediately receive a live response, the credit union can provide a live response in a timely manner? (§ 1024.40(a)(3)) (opens new window) | |||
122 | Does the credit union maintain policies and procedures to ensure that the assigned personnel can perform each of the following tasks: | N/A | N/A | N/A |
122(a) | Provide the borrower with accurate information about available loss mitigation options, including the steps the borrower must take to be evaluated for those options, including how to complete a loss mitigation application or appeal a denial of a loan modification option (if applicable)? | |||
122(b) | Provide the borrower with accurate information about the status of any loss mitigation application submitted? | |||
122(c) | Provide the borrower with accurate information about the circumstances when the credit union may refer the account to foreclosure? | |||
122(d) | Provide the borrower with accurate information about loss mitigation deadlines? | |||
122(e) | Timely retrieve a complete record of the borrower’s payment history and all written information the borrower has provided to the credit union (or the credit union’s predecessors) regarding a loss mitigation application, and provide these documents to other persons required to evaluate the borrower for available loss mitigation options? | |||
122(f) | Provide the borrower with information about submitting a written error notice or written request for information? (§ 1024.40(b)) (opens new window) |
Loss Mitigation Procedures – § 1024.41 (opens new window)
Applicability
ApplicabilityItem | Description | Yes | No | N/A |
---|---|---|---|---|
123 | [Not applicable to “small servicers.”] Does the credit union understand the required loss mitigation procedures apply only to loans secured by the borrower’s principal residence and not to reverse mortgage loans? Has the credit union claiming small servicer status properly determined that it is a small servicer? |
Calculating Time Periods:
Calculating Time Periods:Item | Description | Yes | No | N/A |
---|---|---|---|---|
124 | In determining time periods for required actions, does the credit union consider a complete loss application received when there is no foreclosure sale scheduled to be more than 90 days before a foreclosure sale? |
Definition of First Notice or Filing:
Definition of First Notice or Filing:Item | Description | Yes | No | N/A |
---|---|---|---|---|
125 | For certain prohibitions on making the first notice or filing for a foreclosure sale, does the credit union define first notice or filing for both a judicial and non-judicial foreclosure? |
Loss Mitigation Applications Received at Least 45 Days Before a Foreclosure Sale (Review for Completeness)
Loss Mitigation Applications Received at Least 45 Days Before a Foreclosure Sale (Review for Completeness)Item | Description | Yes | No | N/A |
---|---|---|---|---|
126 | Did the credit union promptly determine whether the loss mitigation application was complete? (§ 1024.41(b)(1)) (opens new window) |
Complete Applications – Written Acknowledgement
Complete Applications – Written AcknowledgementItem | Description | Yes | No | N/A |
---|---|---|---|---|
127 | If the application was complete, did the credit union provide acknowledgement to the borrower within five days (excluding legal public holidays, Saturdays, and Sundays) after receiving the loss mitigation application? | |||
128 | Did the acknowledgement state that the application was complete and include a statement that the borrower should consider contacting servicers of any other mortgage loans secured by the same property to discuss loss mitigation options? (§ 1024.41(b)(2)(i)(B)) (opens new window) |
Facially Complete Applications – Additional Information or Corrected Documents Required
Facially Complete Applications – Additional Information or Corrected Documents RequiredItem | Description | Yes | No | N/A |
---|---|---|---|---|
129 | Upon discovering that additional information or corrected documents were required to complete the application, did the credit union (both): | N/A | N/A | N/A |
129(a) | Promptly request the missing information or corrected documents? | |||
129(b) | Give the borrower a reasonable opportunity to complete the application? (§ 1024.41(c)(2)(iv)) (opens new window) | |||
130 | If an application was facially complete, but later the servicer requests additional needed information, does the credit union treat the borrower’s application as complete for purposes of § 1024.41(f)(2) (opens new window) (“Application received before foreclosure referral”) and § 1024.41(g) (opens new window) (“Prohibition on foreclosure sale”) until the borrower was given a reasonable opportunity to submit additional information or corrected documents? (§ 1024.41(c)(2)(iv)) (opens new window) |
Incomplete Applications – Written Acknowledgement, Reasonable Diligence, and Short-Term Forbearance
Incomplete Applications – Written Acknowledgement, Reasonable Diligence, and Short-Term ForbearanceItem | Description | Yes | No | N/A |
---|---|---|---|---|
131 | [Not applicable to “small servicers.”] Did the credit union provide written acknowledgement to the borrower within five days (excluding public holidays, Saturdays, and Sundays) after receiving the loss mitigation application? | |||
132 | Does the written acknowledgement: | N/A | N/A | N/A |
132(a) | State that the application was incomplete? | |||
132(b) | Identify the additional information needed to complete the application? | |||
132(c) | Identify a reasonable date by which the borrower must submit the additional information? | |||
132(d) | Include a statement that the borrower should contact servicers of any mortgage loans secured by the same property to discuss loss mitigation options? (§ 1024.41(b)(2)) (opens new window) | |||
133 | Did the credit union exercise reasonable diligence in obtaining documents and information to complete the application? (§ 1024.41(b)(1)) (opens new window) | |||
134 | If the credit union offered the borrower a short term forbearance plan based upon information contained in an incomplete loss mitigation application, and the borrower is performing under the plan, did the credit union refrain from: | N/A | N/A | N/A |
134(a) | Making the first notice of filing for any judicial or non-judicial foreclosure process? | |||
134(b) | Moving for foreclosure judgment or an order of sale? | |||
134(c) | Conducting a foreclosure sale? (§ 1024.41(c)(2)(iii) (opens new window)) |
Complete Applications Received More Than 37 Days Before a Foreclosure Sale (Evaluation of Application)
Complete Applications Received More Than 37 Days Before a Foreclosure Sale (Evaluation of Application)Item | Description | Yes | No | N/A |
---|---|---|---|---|
135 | Within 30 days, did the credit union: | N/A | N/A | N/A |
135(a) | Evaluate the borrower for all available loss mitigation options? | |||
135(b) | ANDProvide the borrower with a notice stating the following:
| |||
136 | If the credit union denied the application, did the notice state the specific reason or reasons for the denial, and, if applicable, that the borrower was not evaluated on other criteria? (§ 1024.41(d)) (opens new window) |
Denial of Loan Modification Option Based Upon Investor Criteria; Use of a Waterfall
Denial of Loan Modification Option Based Upon Investor Criteria; Use of a WaterfallItem | Description | Yes | No | N/A |
---|---|---|---|---|
137 | In its notice to the borrower, did the credit union identify the following: | N/A | N/A | N/A |
137(a) | The owner or assignee of the mortgage loan? | |||
137(b) | The specific criteria the borrower did not meet? (§§ 1024.41(d) (opens new window), Comment 1024.41(d)(1)) | |||
137(c) | If the borrower’s application was evaluated under an investor’s waterfall and the borrower qualified for a particular option, did the credit union inform the borrower that the investor’s requirements include a ranking of options and that an offer of a loan modification option means that any other options ranked below the options offered will be denied? (Comment 1024.41(d)(1)) (opens new window) |
Denial Based Upon Net Present Value Calculation
Denial Based Upon Net Present Value CalculationItem | Description | Yes | No | N/A |
---|---|---|---|---|
138 | Did the credit union disclose the inputs used in the net present value calculation? (Comment 1024.41(d)(2)) (opens new window) |
Denial Using Hierarchy of Eligibility Criteria
Denial Using Hierarchy of Eligibility CriteriaItem | Description | Yes | No | N/A |
---|---|---|---|---|
139 | Did the credit union identify in the notice: | N/A | N/A | N/A |
139(a) | The reason or reasons why the borrower was rejected? | |||
139(c) | That the borrower was not evaluated on other criteria? (Comment 1024.41(d)(4)) (opens new window) |
Time for Acceptance of an Offered Loss Mitigation Option
Complete Applications Received at Least 90 Days Before a Foreclosure Sale
Complete Applications Received at Least 90 Days Before a Foreclosure SaleItem | Description | Yes | No | N/A |
---|---|---|---|---|
140 | [Not applicable to “small servicers.”] If the credit union offered a loss mitigation option and received the complete application at least 90 days before a foreclosure sale, did the credit union provide the borrower with at least 14 days to accept or reject any offered loan modification option after the servicer notified the borrower about the offer? (§ 1024.41(e)) (opens new window) | |||
141 | To extend the acceptance period, if within 14 days, did the credit union allow the borrower to appeal a denial of any loan modification option? (§ 1024.41(e)(2)(iii)) (opens new window) | |||
142 | In the event of an appeal, was the borrower’s time for acceptance extended to 14 days after the credit union provided a notice of its determination of the appeal under § 1024.41(e)(2)(iii) (opens new window)? |
Complete Applications Received Between 37 and 90 days Before a Foreclosure Sale
Complete Applications Received Between 37 and 90 days Before a Foreclosure SaleItem | Description | Yes | No | N/A |
---|---|---|---|---|
143 | [Not applicable to “small servicers.”] If the credit union offered a loss mitigation option and received the complete application fewer than 90 days before a foreclosure sale but more than 37 days before the sale, did the credit union provide the borrower with at least seven days to accept or reject any offered loss mitigation options after the servicer notified the borrower about the offer? (§ 1024.41(e)(1)) (opens new window) |
No Borrower Response to Offered Trial Loan Modification Plan
No Borrower Response to Offered Trial Loan Modification PlanItem | Description | Yes | No | N/A |
---|---|---|---|---|
144 | [Not applicable to “small servicers.”] If the credit union offered a borrower a trial modification plan and the borrower did not respond within seven or 14 days did the credit union: | N/A | N/A | N/A |
144(a) | Find out if the borrower submitted payments in accordance with the offered plan? | |||
144(b) | If so, did the credit union give the borrower a reasonable period of time to fulfill any remaining requirements to accept the plan? (§ 1024.41(e)(2)(ii)) (opens new window) |
Prohibitions on Commencing Foreclosure Proceedings and Dual Tracking
Prohibitions on Commencing Foreclosure Proceedings and Dual TrackingItem | Description | Yes | No | N/A |
---|---|---|---|---|
145 | Did the credit union meet one of these conditions when it made any first judicial or non-judicial foreclosure notices or filings: | N/A | N/A | N/A |
145(a) | The borrower was more than 120 days delinquent? | |||
145(b) | The foreclosure is based on a borrower’s violation of a due-on-sale clause? | |||
145(c) | The credit union is joining the foreclosure action of a subordinate lienholder? (§ 1024.41(f)(1)) (opens new window) |
Complete Applications Received During the Pre-foreclosure Period
Complete Applications Received During the Pre-foreclosure PeriodItem | Description | Yes | No | N/A |
---|---|---|---|---|
146 | For applications received during a pre-foreclosure period, did the credit union make the first foreclosure notice or filing only after at least one of the following occurred: | N/A | N/A | N/A |
146(a) | The credit union notified the borrower of his or her ineligibility for any loss mitigation option and, if an appeal was available, the appeal period expired or the appeal was denied? | |||
146(b) | The borrower rejected all the offered loss mitigation options? | |||
146(c) | The borrower did not perform under a loss mitigation agreement? (§ 1024.41(f)(2)) (opens new window) |
Complete Applications Received More Than 37 Days Before a Foreclosure Sale
Complete Applications Received More Than 37 Days Before a Foreclosure SaleItem | Description | Yes | No | N/A |
---|---|---|---|---|
147 | Did the credit union refrain from improperly conducting a foreclosure sale or moving for foreclosure judgment before one of the following: | N/A | N/A | N/A |
147(a) | The credit union notified the borrower that it had denied the loss mitigation application and, if an appeal was available, either the appeal period expired or the appeal was denied? | |||
147(b) | The borrower rejected all the offered loss mitigation options? | |||
147(c) | The borrower did not perform under a loss mitigation agreement? (§ 1024.41(g)) (opens new window) |
Appeal Process
Appeal ProcessItem | Description | Yes | No | N/A |
---|---|---|---|---|
148 | For any borrower who timely appealed a denial of an available loan modification option, did the credit union provide a notice to the borrower within 30 days stating: | N/A | N/A | N/A |
148(a) | Whether the credit union will offer the borrower a loss mitigation option based on the appeal? | |||
148(b) | If applicable, how long the borrower has to accept or reject this loss mitigation option or a previously offered loss mitigation option? (§ 1024.41(h)(4)) (opens new window) | |||
149 | For any appeal that the credit union granted, did the credit union give the borrower 14 days to accept or reject any offered loan modification option? (§ 1024.41(h)(4)) (opens new window) | |||
150 | Did the credit union use different personnel to evaluate the appeal than the personnel who evaluated the borrower’s loss mitigation application? (§ 1024.41(h)(3)) (opens new window) |
Small Servicers
Small ServicersItem | Description | Yes | No | N/A |
---|---|---|---|---|
151 | If the credit union is a small servicer, did the credit union refrain from making the first foreclosure notice or filing before the borrower was more than 120 days delinquent, unless the foreclosure was based on a borrower’s violation of a due-on-sale clause or the servicer is joining a subordinate lienholder’s foreclosure action? (§ 1024.41(j)) (opens new window) | |||
152 | If the credit union is a small servicer and the borrower is performing according to the terms of a loss mitigation agreement, did the credit union refrain from any of the following: | N/A | N/A | N/A |
152(a) | Making the first foreclosure notice or filing? | |||
152(b) | Moving for a foreclosure judgment or order of sale? | |||
152(c) | Conducting a foreclosure sale? (§ 1024.41(j)) (opens new window) |