[§454M-5.5] Residential mortgage loan delinquencies and loss mitigation efforts. (a) Mortgage servicers shall make reasonable and good faith efforts consistent with this chapter to engage in appropriate loss mitigation options, including loan modifications, to assist borrowers to avoid foreclosure. Mortgage servicers shall provide timely and appropriate responses to borrower inquiries and complaints regarding available loss mitigation options and ensure that borrowers are not required to submit multiple copies of required documents during consideration for any loss mitigation option. In the event of a delinquency or other act of default on the part of the borrower, or whenever a borrower who is at imminent risk of default contacts the mortgage servicer with respect to a loan modification or other loss mitigation option, the mortgage servicer shall:
(b) Mortgage servicers shall consider a loan modification as an alternative to foreclosure when:
(c) Mortgage servicers that are participating in the Home Affordable Modification Program shall offer loan modifications in compliance with the Home Affordable Modification Program guidance and directives, including using reasonable efforts to remove prohibitions or impediments to the mortgage servicer's authority, and obtain third party consents and waivers that are required by contract or law to effectuate a loan modification under the Home Affordable Modification Program.
(d) Unless a longer time is permitted under the guidance or directives implementing the Home Affordable Modification Program, within ten business days of receiving a request from a borrower or the borrower's authorized representative for one or more loss mitigation options, the mortgage servicer shall transmit a written acknowledgment of the request to the borrower and, if applicable, to the authorized representative. The acknowledgment shall identify with specificity any information needed from the borrower for the mortgage servicer to review the borrower's loss mitigation option request. The acknowledgment shall also include an explanation of the loss mitigation option process, including the following, as appropriate:
(e) Within thirty days of receiving all required documentation from the borrower and third parties, unless a shorter time is required under applicable state or federal rules or regulations pertaining to mortgage servicing or under guidance or directives implementing the Home Affordable Modification Program, a mortgage servicer shall complete its evaluation of the borrower's eligibility for a loan modification or any other loss mitigation option requested by the borrower and advise the borrower, and if applicable, the borrower's authorized representative, in writing of the mortgage servicer's determination.
If the mortgage servicer approves the borrower for a loan modification, including a trial loan modification, or other loss mitigation option, the written notice shall provide the borrower with clear and understandable written information explaining the material terms, costs, and risks of the loss mitigation option offered.
If the mortgage servicer determines that the borrower cannot be approved for a loan modification or other requested loss mitigation option, the written notice shall state with specificity:
In addition, the written notice shall include the following statement, in boldface type and in print no smaller than the largest print used elsewhere in the main body of the written notice: "If you believe your loss mitigation option request has been wrongly denied, you may file a complaint with the state division of financial institutions at [insert current division telephone number] or [insert current division website address for consumer complaints]".
(f) A mortgage servicer shall take reasonable steps to ensure that the mortgage servicer's staff is aware of programs designed to assist borrowers to avoid foreclosure or resolve delinquency. The mortgage servicer shall make available to borrowers who are at least sixty days delinquent or who the mortgage servicer has reason to believe are experiencing a financial hardship and are in imminent risk of default, a list of government approved not-for-profit housing counselors in the borrower's geographic area, as listed on the website of the United States Department of Housing and Urban Development.
(g) A mortgage servicer shall maintain and make available to borrowers and borrowers' authorized representatives current contact information to communicate and negotiate with the mortgage servicer's designated loss mitigation option staff who are authorized to discuss and negotiate loss mitigation options. The contact information shall include all toll-free telephone numbers for direct communication with a loss mitigation option staff person, fax numbers for receipt of documents, and electronic mail addresses.
(h) The mortgage servicer shall establish and maintain a process through which borrowers may bring disagreements to a supervisory level where a separate review of the borrower's eligibility or qualification for a loss mitigation option can be performed. A mortgage servicer shall not require a borrower to waive legal claims and defenses as a condition of a loan modification, forbearance, or repayment plan.
(i) Delay caused by the mortgage servicer shall not be counted in calculating the passage of time where a Home Affordable Modification Program, proprietary, or other loan modification program specifies:
Examples of delay caused by the mortgage servicer include the mortgage servicer's failure to timely send a communication or request to the borrower, duplicative or piecemeal document requests delaying completion of a file, and failure to identify additional documents needed to complete a borrower's loan modification application. The mortgage servicer shall reasonably extend the applicable period and promptly inform the borrower in writing of the specific extension period.
(j) Nothing in this section shall be construed to prevent a mortgage servicer from offering or accepting alternative loss mitigation options, including other modification programs offered by the mortgage servicer, a short sale, a deed-in-lieu of foreclosure, or forbearance, if the borrower requests such an alternative, is not eligible for or does not qualify for a loan modification under the Home Affordable Modification Program, or rejects the mortgage servicer's loss mitigation option proposal.
(k) A mortgage servicer shall avoid taking steps to foreclose or to refer a borrower to foreclosure if the borrower has requested and is being considered for a loss mitigation option or if the borrower is in a trial or permanent loan modification and is not more than thirty days in default under the loan modification agreement.
(l) A mortgage servicer shall ensure that the mortgage servicer and the mortgage servicer's attorneys and agents comply with the requirements of chapter 667.
(m) A mortgage servicer shall establish and maintain a system for servicing delinquent loans. [L 2015, c 62, §1]