NY Establishes Loss Mitigation, Fair Dealing Duties for Mortgage Servicers

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The Empire State’s banking department mandated servicers handling New York-based mortgages, "include a duty to pursue appropriate loss-mitigation efforts with homeowners, such as loan.

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Fair Lending and Home Mortgage Disclosure Act service loan was breach of duty of good faith and fair dealing); service loan was breach of duty of good faith and fair dealing);. dealing HAMP participating lenders have additional duties See their service agreement and HAMP guidelines (U.S.. Prohibits moving forward with foreclosure while evaluating loss mitigation measures like loan.

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Loss Mitigation. If the borrower is unable or unwilling to support the mortgage debt, servicers must consider use of other loss mitigation tools, including a pre-foreclosure sale or a deed in lieu of foreclosure, before initiating legal action to foreclose the mortgage.

 · Dealing with sloppy mortgage servicing became a frustrating nightmare. As the crisis unfolded, the problems worsened exponentially.. both the transferor and the transferee have the same duties to maintain accurate information about an account. This cuts off yet another frequent source of harm to consumers.. and apply for loss mitigation.