Showing posts with label CONSUMER HELP. Show all posts
Showing posts with label CONSUMER HELP. Show all posts

Thursday, August 4, 2016

Consumer Financial Protection Bureau Expands Foreclosure Protections

 Category:Press Release

Consumer Financial Protection Bureau Expands Foreclosure Protections

Updated Servicing Rule Provides Surviving Family Members and Other Homeowners with Same Protections as Original Borrowers
 
Washington, D.C. – The Consumer Financial Protection Bureau (CFPB) today finalized new measures to ensure that homeowners and struggling borrowers are treated fairly by mortgage servicers. The updated rule requires servicers to provide certain borrowers with foreclosure protections more than once over the life of the loan, clarifies borrower protections when the servicing of a loan is transferred, and provides important loan information to borrowers in bankruptcy. The changes also help ensure that surviving family members and others who inherit or receive property generally have the same protections under the CFPB’s mortgage servicing rules as the original borrower.
“The Consumer Bureau is committed to ensuring that homeowners and struggling borrowers are treated fairly by mortgage servicers and that no one is wrongly foreclosed upon,” said CFPB Director Richard Cordray. “These updates to the rule will give greater protections to mortgage borrowers, particularly surviving family members and other successors in interest, who often are especially vulnerable.”
Mortgage servicers are responsible for collecting payments from the mortgage borrower and forwarding those payments to the owner of the loan. They typically handle customer service, collections, loan modifications, and foreclosures. To address widespread mortgage servicing problems, the CFPB established common-sense rules for servicers that went into effect on January 10, 2014.
The CFPB issued proposed amendments to those rules in November 2014, and the final rule issued today adopts many of the proposed provisions. However, the Bureau made a number of changes in the final rule after considering comments received from the public.
The rule issued today establishes new protections for consumers, including:
  • Requiring servicers to provide certain borrowers with foreclosure protections more than once over the life of the loan: Under the CFPB’s existing rules, a mortgage servicer must give borrowers certain foreclosure protections, including the right to be evaluated under the CFPB’s requirements for options to avoid foreclosure, only once during the life of the loan. Today’s final rule will require that servicers give those protections again for borrowers who have brought their loans current at any time since submitting the prior complete loss mitigation application. This change will be particularly helpful for borrowers who obtain a permanent loan modification and later suffer an unrelated hardship – such as the loss of a job or the death of a family member – that could otherwise cause them to face foreclosure.
  • Expanding consumer protections to surviving family members and other homeowners: If a borrower dies, existing CFPB rules require that servicers have policies and procedures in place to promptly identify and communicate with family members, heirs, or other parties, known as “successors in interest,” who have a legal interest in the home. Today’s final rule establishes a broad definition of successor in interest that generally includes persons who receive property upon the death of a relative or joint tenant; as a result of a divorce or legal separation; through certain trusts; or from a spouse or parent. The final rule ensures that those confirmed as successors in interest will generally receive the same protections under the CFPB’s mortgage servicing rules as the original borrower. 
  • Providing more information to borrowers in bankruptcy: Under the CFPB’s existing mortgage rules, servicers do not have to provide periodic statements or early intervention loss mitigation information to borrowers in bankruptcy. Today’s final rule generally requires, subject to certain exemptions, that servicers provide those borrowers periodic statements with specific information tailored for bankruptcy, as well as a modified written early intervention notice to let those borrowers know about loss mitigation options. Servicers also currently do not have to provide early intervention loss mitigation information to borrowers who have told the servicer to stop contacting them under the Fair Debt Collection Practices Act. Today’s final rule generally requires servicers to provide modified written early intervention notices to let those borrowers also know about loss mitigation options.
  • Requiring servicers to notify borrowers when loss mitigation applications are complete: Whether a borrower is entitled to key foreclosure protections depends in part on the date a borrower completes a loss mitigation application. If consumers do not know the status of their application, they cannot know the status of those foreclosure protections. Today’s final rule requires servicers to notify borrowers promptly and in writing that the application is complete, so that borrowers know the status of the application and have more information about their protections.
  • Protecting struggling borrowers during servicing transfers: When mortgages are transferred from one servicer to another, borrowers who had applied to the prior servicer for loss mitigation may not know where they stand with the new servicer. Today’s final rule clarifies that generally the new servicer must comply with the loss mitigation requirements within the same timeframes that applied to the transferor servicer, but provides limited extensions to these timeframes under certain circumstances. If a borrower submits an application shortly before transfer, the new servicer must send an acknowledgment notice within 10 business days of the transfer date. If the borrower’s application was complete prior to transfer, the new servicer must evaluate it within 30 days of the transfer date. If the new servicer needs more information to evaluate the application, the borrower would retain some foreclosure protections in the meantime. If the borrower submits an appeal, the new servicer has 30 days to make a determination on the appeal.
  • Clarifying servicers’ obligations to avoid dual-tracking and prevent wrongful foreclosures: The CFPB’s existing rules prohibit servicers from taking certain actions in foreclosure once they receive a complete loss mitigation application from a borrower more than 37 days prior to a scheduled sale. However, in some cases, borrowers are not receiving this protection, and servicers’ foreclosure counsel may not be taking adequate steps to delay foreclosure proceedings or sales. The CFPB’s new rule clarifies that, if a servicer has already made the first foreclosure notice or filing and receives a timely complete application, servicers and their foreclosure counsel must not move for a foreclosure judgment or order of sale, or conduct a foreclosure sale, even if a third party conducts the sale proceedings, unless the borrower’s loss mitigation application is properly denied, withdrawn, or the borrower fails to perform on a loss mitigation agreement. The clarifications will aid servicers in complying with, and assist courts in applying, the dual-tracking prohibitions in foreclosure proceedings to prevent wrongful foreclosures.
  • Clarifying when a borrower becomes delinquent: Several of the consumer protections under the CFPB’s existing rules depend upon how long a consumer has been delinquent on a mortgage. Today’s final rule clarifies that delinquency, for purposes of the servicing rules, begins on the date a borrower’s periodic payment becomes due and unpaid. When a borrower misses a periodic payment but later makes it up, if the servicer applies that payment to the oldest outstanding periodic payment, the date the borrower’s delinquency began advances. The final rule also allows servicers the discretion, under certain circumstances, to consider a borrower as having made a timely payment even if the borrower’s payment falls short of a full periodic payment. The increased clarity will help ensure borrowers are treated uniformly and fairly.
Today’s final rule makes additional changes to the CFPB’s mortgage servicing rules. These changes include providing flexibility for servicers to comply with certain force-placed insurance and periodic statement disclosure requirements. The changes also clarify several requirements regarding early intervention, loss mitigation, information requests, and prompt crediting of payments, as well as the small servicer exemption. Further, the changes exempt servicers from providing periodic statements under certain circumstances when the servicer has charged off the mortgage. Finally, concurrently with the final rule, the CFPB is issuing an interpretive rule under the Fair Debt Collection Practices Act relating to servicers’ compliance with certain mortgage servicing provisions as amended by the final rule.
Most of the provisions of the final rule will take effect 12 months after publication in the Federal Register. The provisions relating to successors in interest and the provisions relating to periodic statements for borrowers in bankruptcy will take effect 18 months after publication in the Federal Register.
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The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit www.consumerfinance.gov.


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  • Please contact us if you need help or resources as we are here and happy to help!

  • Respectfully,

  • Dana Shafman
  • Managing Member
  • END Consulting
  • (888) 234-7006 Ext 101
  • Dana@ConsultingEND.com

  • www.TheDailyComplaint.com


Monday, September 14, 2015

Tick-tock goes the clock on old debts

September 10, 2015
by Cristina Miranda 
Consumer Education Specialist, FTC

Here’s a fun way to think about a tricky topic. You know the scene in Lewis Caroll’s Alice in Wonderland when the white rabbit hops off saying “I’m late! I’m late! For a very important date!”? Imagine the rabbit is a debt collector. The important date? It’s his last chance to legally make you pay money you owe. Why he’s late? The debt collector has run out of time to sue you for an old and unpaid, or time-barred, debt. For more, follow me down the rabbit hole...
What is a time-barred debt?
It’s a debt that’s too old for a debt collector to sue you to make you pay. Debt collectors have a limited number of years – called the statute of limitations – to sue you to collect on money you owe. Statutes of limitations vary by state, and by type of debt.
What can I do if a debt collector calls about an old debt?
Debt collectors can contact you about time-barred debts at any time. If you get a call from a debt collector, they might come right out and say they can’t take you to court to make you pay a time-barred debt. If a debt collector doesn’t tell you this, ask for the date when you made your most recent payment. Then, ask for a validation notice – a legally required letter detailing the amount owed, and the creditor name. Once you receive the notice, send a letter back within 30 days explaining that you are 'disputing' the debt and that you want to 'verify' it. Debt collectors must stop trying to collect until they give you verification.
What if I’m sued for an old debt?
Don’t ignore it. Defend your debt collection rights. Consider talking to an attorney in order to prove that the debt is time-barred, and have the lawsuit dismissed. To do this, you may be asked to provide a copy of the verification from the collector, or any information you have that shows the date of your last payment.
Do I have to pay a time-barred debt?
It’s up to you. Here’s what can happen:
  • Pay nothing. Not paying a debt may lower your credit rating. So check your free credit report first to see if a time-barred debt has been reported. If the debt appears on your credit report, this could make it harder and more expensive for you to get credit, insurance, or loans. Debts stay on your credit report for seven years after you stop paying. Although debt collectors can no longer sue you for a time-barred debt, it won’t make it go away. Debt collectors can keep contacting you to pay because you still owe the money. If you want them to stop, send a cease communications letter.
  • Partially pay. If you make, or promise to make, a debt payment, the statutes of limitations clock may reset and your debt will no longer be considered time-barred. A debt collector can then sue you for the full debt amount, plus interest and fees.
  • Pay it off. Before making a full payment, get a signed letter from the debt collector saying that your entire debt is being settled to release you from further obligations.
Debt or debt collection issues on your mind? Talk to us! Write your questions in the comments section below, and we will pick a few to answer. To report a scam, visit ftc.gov/complaint.
Blog Topics: 
Money & Credit

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Please contact us if you need help or resources as we are here and happy to help!

Respectfully,

Dana Shafman
Managing Member
END Consulting
(888) 234-7006 Ext 101
Dana@ConsultingEND.com

Wednesday, August 12, 2015

Here's One Thing the CFPB Gets Right

BY

AUG 11, 2015 5:35pm ET

There are many concerning aspects of the Consumer Financial Protection Bureau's methods, not the least of which include its proclivity to regulate via enforcement and its reliance on overly broad and ambiguous languageto support its activities.

But when it comes to regulating Unfair, Deceptive, or Abusive Acts or Practices, the CPFB's actions have, for the most part, been reasonably warranted.

The CFPB recently took a series of UDAAP actions addressing a variety of wrongs in cases where, based on the allegations in recent cases, the misconduct was palpable.

In one case, a mortgage servicer was fined and forced to pay damages for allegedly failing to honor trial modification periods from prior servicers and for unnecessarily prolonging trial modification periods.

n another case, a debt collector was hit with penalties for purportedly making false threats against consumers and collecting debts consumers did not owe.

Lastly, a mortgage servicer was pounded for falsely making claims of savings by collecting bimonthly payments that did not actually result in the savings promised. In addition, the servicer allegedly did not make the payments on behalf of consumers at the times promised.

While the CFPB's self-creation, and expansion, of omnipotent power is disturbing and worrisome for the future, for the present moment it appears the agency tactically chooses cases where the potential for objection is limited. Lenders should keep this in mind this when balancing current compliance and business needs.

Ari Karen is a partner at Offit Kurman

Comments (1)
As one of the 26,000 MLO's sponsored by one of the 12,000 state licensed mortgage shops that work under the cloud of obscure regulation implemented for all the wrong reasons, it is not encouraging when attorneys applaud the CFPB for "getting it right" when in order to get it right they really have to figure out the distribution system and where the harm really has its genesis. All one has to do is look to the disparate treatment of delivery segments, check out the consumer complaints and it becomes clear that the Bureau has no clue - servicing and loan mods caused collateral damage and should receive scrutiny and redirection - but the Bureau is too free to blame and assault others for fabricated UDAP! Please don't publicly applaud them - even a blind squirrel can find an acorn!
Posted by BillK | Wednesday, August 12 2015 at 8:45AM ET

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Please contact us if you need help or resources as we are here and happy to help!

Respectfully,

Dana Shafman
Managing Member
END Consulting
(888) 234-7006 Ext 101
Dana@ConsultingEND.com


Wednesday, August 5, 2015

NATIONSTAR MORTGAGE

NATIONSTAR COMPLAINT:

Submitted:      July 2015
Reported By:     Bob in Kansas City, Missouri
Report Link:   CLICK HERE

Loan Modification Fraud

Have been dealing with Nationstar as a mortgage servicer for the last 4-5 years.  Several instances of unexplained charges on billing, but nothing of a major issue.  Until now.  Was injured on the job June of 2013, have been unsuccessful in collecting workers comp. Wages a have declined due to my injury to around 35-40% of my previous income.  have used savings to keep up until january 2015.

Received invitation from Nationstar in Marrch 2014 to Refinance.  Responded by phone, to initiate process.  Had an assigned " Loan Specialist"  Called back next day to provide additional information that had been requeested, and was advised that the individual that had been assigned as my "loan specialist" was no longer employed by nationstar. Next "loan specialist" after requesting income and employment verification sent me a letter approximately a week later that stated that I did not meet criteria fror a refinance.

Received letter from Nationstar dated March 9, 2015, stating that upron their review, my mortgage qualified for modification.  The letter states" To accept this option, within 14 days of the date of this letter you must call us at (877)450-8638 to confirm your participation or make your first Trial period payment.  If you follow the terms of the enclosed Trial Period Plan, your loan will be permanently modified."

The last sentence in the previous paragraphcan be interpreted in a legal proceeding as nothibng but an absolute confirmation of actiion!  But that's not the Natiionstar way.  After making three timely payments that the Trial Period Plan called for, I recieved a Letter from Nationstar on June 18,2015 with the following statement.  " We recently received a payment on your behalf in the amount of $807.04.  We are  returning these funds as they are insufficient to bring your account current.  As of the date of this letter, the total amount required to bring this account current is $6,732.79."

To date there has been no accounting from Nationstar of the disposition of the first 2 Trial Plan payments, nor has the payment referred to in the June 18.2015 letter been returned.  Current status is threat to resume foreclosure proceedings.

My intent is to use my limited resources to file an action against Nationstar and their "Dedicated Loan Specialist" Kyle Lindgard for Fraud. 

END CONSULTING ADVICE:

Hi Bob,

It is absolutely disgraceful how Nationstar Mortgage has treated you not to mention a violation of your consumer rights. With that said, you do have rights and by simply understanding them and knowing how to exercise them, you can hold Nationstar Mortgage accountable for their actions while securing a permanent loan modification since you have already complied with the Trial Period Plan (TPP).

I would first suggest that you visit the CFPB's website (click here for CFPB website) to learn more about your consumer rights and you will also want to contact the Making Home Affordable (MHA) Home Affordable Modification Program (HAMP) escalations team to get them involved with your mortgage loan and successful TPP completion.

We battle Nationstar Mortgage daily and win with a trial period plan issues as well as other debt restructuring issues so just keep fighting until you get the solution that you are seeking. We would be more than happy to educate you as to how to fight for your rights.  My firm routinely seeks out complaints online so that we can educate as to how to fight back on our weekday show called "The Daily Complaint" where we review a complaint and how to tackle it successfully.

We reviewed your Nationstar Mortgage complaint on the show if you would like to listen, click here.

In addition to submitting complaints to the CFPB and MHA HAMP escalations team, I would always suggest preparing a QWR or Request for information for Nationstar Mortgage that you can submit via fax or email – you can learn how through the CFPB by typing in QWR in their search bar.

Nationstar Mortgage is required to acknowledge the QWR or Request for information per RESPA in 5 business days and answer it in 30 business days or you do have recourse, so listen to us address the Nationstar Mortgage issues on The Daily Complaint today and contact us if you need further information on how to not only attack your problem but to get the solutions that you are seeking.

Good luck!


Respectfully,

Dana Shafman
Managing Member
END Consulting
(888) 234-7006 Ext 101