H.R.3789 - Regulation of Mortgage Servicing Act of 2012

To amend the Truth in Lending Act to establish clear regulatory standards for mortgage servicers, and for other purposes. view all titles (2)

All Bill Titles

  • Official: To amend the Truth in Lending Act to establish clear regulatory standards for mortgage servicers, and for other purposes. as introduced.
  • Short: Regulation of Mortgage Servicing Act of 2012 as introduced.

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Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
01/18/12
 
 
 
 
 
 
 

Official Summary

Regulation of Mortgage Servicing Act of 2012 - Requires a mortgage servicer to assign one case manager to each borrower that seeks a mortgage loan modification or an alternative to foreclosure. Requires the case manager to: (1) manage the communication between the servicer and the borrower,

Official Summary

Regulation of Mortgage Servicing Act of 2012 - Requires a mortgage servicer to assign one case manager to each borrower that seeks a mortgage loan modification or an alternative to foreclosure. Requires the case manager to:
(1) manage the communication between the servicer and the borrower, and
(2) make decisions about the borrower's eligibility for a loan modification or an alternative to foreclosure. Prohibits a servicer from initiating a covered foreclosure action against a borrower unless the servicer has performed specified tasks related to offering the borrower, if eligible, a loan modification or an alternative to foreclosure. Requires a servicer to suspend a covered foreclosure action initiated before the enactment of this Act until such tasks have been performed. Prohibits a servicer, during the suspension period, from:
(1) sending the borrower a notice of foreclosure,
(2) conducting or scheduling a sale of the real property securing the mortgage, or
(3) causing final judgment to be entered against the borrower. Prescribes requirements a servicer must meet in order to be deemed to have made a reasonable effort to obtain necessary information to determine a borrower's eligibility for a loan modification or an alternative to foreclosure. Requires a servicer, before notifying a borrower of his or her ineligibility for a loan modification or an alternative to foreclosure, to obtain the services of an independent reviewer to review the borrower's file and determine whether or not the borrower is eligible. Makes a violation of this Act a bar to a covered foreclosure action. Allows a servicer in compliance with this Act, however, to bring or proceed with a foreclosure action, regardless of any prior violation. Makes any servicer that fails to comply with any requirement of this Act liable to a borrower in the same manner that a creditor who fails to comply with any requirement is liable to a person.

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Organizations Supporting H.R.3789

  • National Association of Realtors

Organizations Opposing H.R.3789

  • None via MapLight at this time.




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