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Property is abandoned under applicable state or local law or.Borrower submitted, and servicer evaluated, a complete loss mitigation application and borrower remained delinquent.
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Restrictions: Before referring a 120-day delinquent loan for foreclosure, the servicer must ensure at least one temporary procedural safeguard has been met, unless an exception applies. It does not apply to investment properties, second homes, reverse mortgages, or legally abandoned homes (according to the laws of the locality). Servicers should maintain records of compliance with Procedural Safeguards.Įffective Date: Augthrough Decem(Fannie Mae servicers must abide by the rule beginning July 30, 2021).Ĭoverage: The 2021 Final Rule generally has the same coverage requirements as the Mortgage Servicing Rules (Regulations X and Z) and only applies to consumer loans secured by the borrower’s principal residence. Once the servicer has satisfied at least one Procedural Safeguard, or the safeguards do not apply, the servicer may proceed with the foreclosure referral, pursuant to other applicable law.
FANNIE MAE FORECLOSURES PA FULL
The full text of the 2021 Final Rule can be found HERE, and an Executive Summary of the rule can be found HERE.īetween August 31 and December 31, 2021, loans that are covered by the 2021 Final Rule may not be referred for foreclosure until at least one Procedural Safeguard is met, unless an exception applies.
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Part 1026) and includes temporary foreclosure restrictions in an attempt to assist borrowers affected by COVID-19. The CFPB 2021 Final Rule amends the existing Mortgage Servicing Rules in Regulation X and Regulation Z (12 C.F.R. If you have any questions, or would like more information, please contact Eaton Peabody’s Bankruptcy & Creditor’s Rights Practice Group Chair, Shawn Doil. Below is a brief overview of the 2021 Final Rule and a related Lender Letter that Fannie Mae issued in conjunction with the 2021 Final Rule.
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Part 1024) in an attempt to provide relief for mortgage borrowers facing financial hardship due to the COVID-19 pandemic. The Consumer Financial Protection Bureau (“CFPB”) recently issued the 2021 Final Rule, effective August 31 through December 31, 2021, temporarily amending certain provisions of the Real Estate Settlement Procedures Act, Regulation X (12 C.F.R.
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