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GSEs Align Servicing Regs to Streamline Delinquency Resolution
ThernFederal Housing Finance Agency (FHFA) has directed Freddie Mac and Fannie Mae tornestablish consistent mortgage loan servicing and delinquency managementrnrequirements for the companies servicing the two government sponsoredrnenterprises’ (GSEs) delinquent mortgages. The updatedrnframework will establish uniform servicing requirements across the GSEs for servicingrncompanies with which they contract and will establish “monetary incentives</bfor servicers that perform well and penalties for those that do not.” </p
ActingrnFHFA Director Edward J. DeMarco said “FHFA’s directive to align Enterprisernpolicies for servicing delinquent mortgages should result in earlier servicers’rnengagement to identify the best solution available for homeowners, given theirrnindividual circumstances.” </p
DeMarcornsaid that the guidelines also address the “dual track” that has beenrna subject of many complaints. Servicersrnwill no longer be allowed to pursue foreclosure if borrower and servicer arernengaged in good-faith negations toward an alternative solution.</p
Simultaneousrnwith the announcement from FHFA the Enterprises each released additionalrninformation on the scope of the Servicing Alignment Initiative. Freddie Mac’s announcement stressed thatrnwhile the Enterprises are aligned in the requirement categories, companies servicingrnmortgages for both Freddie and Fannie should understand that there will be somernoperational differences in the implementation.</p
Thernchanges will cover:</p<ul class="unIndentedList"<liBorrower Contact and Delinquency Management. The policies will require servicers torncontact borrowers earlier, ideally after any missed payment and to continue therncontact on a frequent basis. Allrnborrowers must be evaluated for any available foreclosure alternatives such asrnthe Home Affordable Modification Program (HAMP). Servicers must establish a uniform definitionrnfor a Quality Right Party Contact (QRPC) and encourage adoption of a single contactrnthe borrower can communicate with on an ongoing basis. The servicers must set up consistent writtenrncommunications and solicitation and response packages and standards andrntimelines for call center activity.rnThere will also be metrics for evaluating call center performancernincluding speed to answer, call abandonment rate, and timelines for collectionrnand follow-up calls. </li
An incentives and compensatory fee schedule will be established forrnBorrower Response Packages and workouts, and compensatory fees will be set forrnviolations of foreclosure timelines and missed incentive package benchmarks. The workout incentives will be structured sornthat the servicer receives a larger incentive for closing workouts early inrndelinquency and are dependent on the servicer completing the modificationrnwithin 60 days of completion of the trial period.</p
Freddie Mac CEO Charles E. ‘Ed’rnHaldeman, Jr. said, “Alignment of key servicing practicesrnbetween our two companies will help servicers achieve these goals by enablingrnthem to streamline their operations and more effectively target resources torndistressed borrowers. For example, it will simplify the process forrnseeking help by giving borrowers one application to fill out and servicers onernapplication to review for all Freddie Mac loan modifications and foreclosurernalternatives. </p
The requirements for the alignments match some of those set forth earlierrnas part of a settlement agreement between servicers and the 50 state attorneysrngeneral. Missing from the Enterprise guidelinesrnhowever are any requirements of servicers to verify the accuracy of amountsrnowed by borrowers, limit fees charged to distressed borrowers, increase supervisionrnof attorneys and third-party vendors, or adoption of directives to improverntracking of mortgage documents and the chain of title.
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