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Trust your mortgage servicer? Maybe you shouldn't
8/29/2013 7:22:00 PM
Don't count on your mortgage servicer to be honest with you about the status of your loan modification application. That's one of the findings from an industry review by the federal Consumer Financial Protection Bureau.
The bureau released a report last week that described serious issues with the way mortgage servicers transfer accounts, process payments and work with homeowners. In addition, it discovered that some nonbank mortgage servicers may lack independent auditing or otherwise be out of compliance with federal law.
"Today's report highlights both the mortgage servicing problems throughout the industry and the challenges of making sure that nonbanks are following federal law" said CFPB Director Richard Cordray in a written statement. "Fixing both is a priority for us."
Poor communication, sloppy paperwork among problems
Mortgage servicers are companies that process loan payments on behalf of lenders, and they may handle various other duties related to these loans, including foreclosure proceedings. The CFPB report identified three areas where mortgage servicers may fail to properly protect the consumers they serve.
Specifically, the bureau discovered some mortgage servicers fail to properly inform customers when their mortgages are transferred to a new servicer. The CFPB notes that when transfers take place, servicers may have disorganized paperwork and no protocols in place to protect key documents.
Similarly, consumers may not be notified of new payment addresses in a timely manner, resulting in late payments. Some servicers also fail to make property tax payments from escrow accounts as expected or delay cancellation of private mortgage insurance.
Loss mitigation appears to be an area of significant concern, with the CFPB unearthing evidence of poor procedures, lengthy application review times and inconsistent underwriting standards for loan modifications. Even more distressing for consumers may be the deceptive communications reportedly found at some servicers. According to the CFPB, failure to be transparent and clear in communications may have accelerated foreclosures in some cases.
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