Consumer Financial Protection Bureau New Rules for Mortgage Servicers

The Consumer Financial Protection Bureau has proposed new rules for the mortgage servicing industry, which include a requirement that servicers must make a decision on any mortgage relief applicant within 30 days, and must not begin foreclosure proceedings until completing that process.

Under the Consumer Financial Protection Bureau’s proposal, loan servicers would be required to evaluate homeowners’ applications for loan-assistance within 30 days of receiving an application and would be barred from going ahead with a foreclosure until a final decision has been reached on a borrower’s application for help […]

The consumer bureau’s proposal, along with new bank-capital standards and other regulations, could push some large banks to accelerate sales of poorly performing loans to smaller companies that specialize in managing distressed loans, said Issac Boltansky, a Washington analyst with Compass Point Research & Trading.

“We expect the big bank servicers to offload a sizable portion of their servicing assets,” to smaller companies known as special servicers, he wrote in a note to clients. Some of those companies include Ocwen Financial Corp., Nationstar, and Walter Investment Management Corp.

Large banks are “simply not going to make as much money,” on servicing and are likely to hire other companies to perform many servicing functions, said Ed Delgado, a former Wells Fargo executive and chief operating officer of Wingspan Portfolio Advisors, which performs those functions.

Under the proposed rules, banks and other financial institutions that manage home loans – the servicers – must provide “direct, ongoing access” to staff members to help borrowers fighting to save their homes from foreclosure. Servicers must also halt foreclosure proceedings while borrowers apply for a loan modification and tell homeowners in danger of foreclosure about their options.

David DiJulio

For more information contact David DiJuliomailto:rdj@dijuliolaw.com.

DiJulio Law Group: Los Angeles real estate attorneys with more than 35 years of experience. Call 888-519-1613 or emal rdj@dijuliolaw.com.

DiJulio Law Group