What Are the General Rules Regarding Servicing Policies, Procedures, and Requirements?
Servicing companies must pre-establish policies and procedures reasonably designed to provide accurate and timely information to borrowers. Servicing companies must establish procedures to properly evaluate loss mitigation applications, facilitate oversight and compliance by servicers, facilitate the transfer of information, inform borrowers of written error resolution, and complete information request procedures. The reasonableness of a servicer's policies and procedures takes into account the size, scope, and nature of the servicer’s operations. In addition, servicers must maintain certain documentation for each mortgage loan for that can be compiled into a servicing file within five days.
The local Consumer Financial Protection Bureau (CFPB) is responsible for supervising servicers within their jurisdiction. However, there is no right for borrowers to enforce these provisions.
Please note that small-size servicers are exempt and not required to comply with these requirements.
- What Is Predatory Mortgage Servicing?
- What Are the Specific Formal Requirements for Periodic Statements?
- What Are Coupon Books and When Can They Replace Periodic Statements?
- When Are Servicers Allowed to Stop Providing Periodic Statements or Coupon Books?
- How Are Periodic Statements Delivered?
- What Is the Rule on Interest Rate Adjustment Notices?
- When Should I Receive an Interest Rate Adjustment Notice?
- What Information Must Be Included in the Initial and Ongoing Interest Rate Adjustment Notices?
- What Is the Prompt Payment Crediting Rule for Servicing Companies?
- What Are the Prompt Payment Crediting and Payoff Statement Rules for Servicers?
- Can the Loan Servicer Refuse to Provide You with a Payoff Balance Statement within 7 Days?
- Can I Choose My Mortgage Servicing Company?
- Are There Any Rules Regarding Written Communication with Servicing Companies?
- Are Servicers Allowed to Charge a Borrower for Force-Placed Insurance Coverage?
- Are There Any Special Rules for Servicers When Dealing with Delinquent Borrowers?
- What Is the "Successors in Interest Rule" for Servicing Companies?
- How Should I Inform Servicers When I Become a Successor in Interest?
- Am I Liable for the Loan Once Confirmed as a Successor in Interest?
- Can I Change My Mortgage Servicing Company?
- Can I Turn to a Government Agency to Complain Against a Mortgage Servicing Company?
- Are There Any Federal Laws Protecting Me from Mortgage Servicers?
- What Are the Mortgage Servicing Rules Issued by the Consumer Financial Protection Bureau?
- What Is the Periodic Statement Rule for Mortgage Servicers?
- Are There Any Exceptions to the Periodic Statement Rule?
- How Many Periodic Statements Am I Entitled to Receive?