Report Client/Constituent Loan Issues

If you are an attorney, caseworker, counselor or other professional helping consumers or constituents with their mortgages, please fill out the form below to report your client or constituent’s mortgage servicing issue.

By sharing your client or constituent’s information, you will help the Monitor better understand how servicers are treating their customers across the country. If a number of consumers are experiencing similar problems with a particular servicer, this may represent a pattern or practice in violation of the agreement. With this information, the Monitor can better enforce the mortgage servicing standards outlined in the agreement. The information you provide can make the Settlement more meaningful for all homeowners because the agreement gives the Monitor additional enforcement tools when he identifies systemic violations.

If you wish to share feedback about the servicing standards but it is not client-specific, please use your own information to fill out the fields with the heading “Your client/constituent’s information.” Then you can include your feedback/thoughts in the comment box at the end of the form.

Please note that the Monitor is not tasked to intervene with the servicer on behalf of your individual client or constituent. The NMS charged the Monitor with ensuring that the servicers comply with the agreement; it did not task the Monitor with resolving individual complaints. That said, the Monitor can forward your client’s complaint to the servicer for its review.

Your information
Name*
FirstLast
Title*
Employer/Organization*
Address
Street AddressAddress Line 2CityStateZIP Code
Phone number*
Email*
Your client/constituent's information
Name*
FirstLast
Affected property*
Street AddressAddress Line 2CityStateZIP Code
Phone number*
Servicer*
The organization that services the loan.
Which of the following issues best describes your client/constituent’s situation?*
Please note: Once you select an answer, additional choices will appear below for you to specify the issue. You may select multiple answers for each level.
- Foreclosure Problems
- Documentation Problems
- Fee Issues
- Loan Modification and Other Loss Mitigation Issues
- Customer Service Issues
- Third Party Provider Issues
- Military Personnel Issues
- Bankruptcy Issues
- Force-Placed Insurance Issues
- Community Blight Problems
- Tenant Rights Issues
- Other (please specify below)
- None of the Above
Please specify the Foreclosure Problem(s)
- Documentation Problems in Foreclosure
- Failure to Provide Opportunity to Avoid Foreclosure
- Servicer Foreclosed While Loan Modification/Loss Mitigation Application or Appeal Was Pending or Otherwise in Error
- Servicer Engaged in Other Collection Efforts While Loan Modification/Loss Mitigation Application Was Pending
- Notice Issues Involving Foreclosure
- Other (please specify below)
Please specify the Documentation Problem(s) in Foreclosure
- Factual assertions in legal filings were not accurate, complete, or supported by competent and reliable evidence
- Affidavits, sworn statements, or declarations were not based on personal knowledge
- Affidavits were not based on affiant's review and personal knowledge of assertions, did not set out facts that servicers reasonably believed would be admissable in evidence, or show that the affiant was competent to testify
- Forms of affidavits, sworn statements, and declarations were not standardized or if standardized, did not comply with applicable law
- Affidavits, sworn statements, and declarations did not accurately identify the name, employer, or title of the affiant
- Affidavits did not fully comply with state law
- Affidavits were false or unsubstantiated
- Affiant was an entity, not an individual
- Affidavit was not hand signed, except for permitted electronic filings, or signature was not dated
- If affidavit inaccurate, not properly notarized, or not based on personal review or knowledge, servicer failed to take appropriate action in pending case to substitute such affidavit with new one or to provide written notice to borrower or counsel
- Servicer failed to demonstrate right to foreclose in court filings
- Servicer lost note and failed to use good faith efforts to locate it
- Servicer intentionally destroyed or disposed of original note
- Servicer assigned mortgage without appropriate legal authority or accurately reflecting the completed transaction
- Servicer failed to send borrower, no later than 14 days prior to referral for foreclosure, a statement containing right to foreclose, an account statement, an ownership statement, and a loss mitigation statement outlining efforts to mitigate loss, or if no mitigation efforts were undertaken or offered, an explanation why the borrower was ineligible for a loan modification or other loss mitigation
- Other (please specify below)
Please specify the Failure to Provide Opportunity to Avoid Foreclosure
- Servicer failed to notify potentially eligible borrower of loss mitigation options before referring to foreclosure
- Servicer failed to offer and facilitate a loan modification rather than initiate foreclosure, even though loan modification was NPV positive
- Other (please specify below)
Please specify how the Servicer Foreclosed While Loan Modification/Loss Mitigation Application or Appeal Was Pending or Otherwise in Error
- Servicer referred borrower to foreclosure while the borrower's complete application for loan modification was pending
- Servicer moved for foreclosure judgment or order of sale or sought a foreclosure sale within 14 days after date of loan modification offer
- Servicer referred borrower to foreclosure, moved for foreclosure judgment or order of sale, or sought a foreclosure sale after borrower accepted loan modification offer (including by making first payment within 14 days of offer) and borrower made first trial period payment and had not breached trial plan
- Servicer referred to foreclosure, moved for foreclosure judgment or order of sale, or sought a foreclosure sale of a borrower whose loan modification request was denied before the borrower's 30-day appeal period expired or within 15 days after the letter denying the appeal or within 14 days of offering a loan modification after the appeal
- Servicer moved for foreclosure judgment or order of sale or sought a foreclosure sale even though borrower submitted a completed application within 30 days after the Post Referral to Foreclosure Solicitation Letter or more than 37 days before foreclosure sale was scheduled even if borrower submitted application more than 30 days after Post Referral to Foreclosure Letter
- Servicer failed to conduct an expedited review of borrower's application of a loan modification when the borrower submitted a complete application more than 30 days after the Post Referral to Foreclosure Solicitation but within 37 to 15 days before foreclosure sale was scheduled
- Servicer failed to notify borrower before foreclosure of its appeal decision or its inability to complete a review of the appeal when the borrower submitted a complete application more than 30 days after the Post Referral to Foreclosure Solicitation but less than 15 days before foreclosure sale was scheduled
- Servicer moved for foreclosure judgment or order of sale or sought a foreclosure sale even though short sale or deed-in-lieu had been approved by all parties and proof of funds provided to servicer
- Other (please specify below)
Please specify how the Servicer Engaged in Other Collection Efforts While Loan Modification/Loss Mitigation Application Was Pending
- Servicer failed to cease all collection efforts while the borrower had a loan modification application pending or was making timely payments under trial loan modification plan
- Other (please specify below)
Please specify the Notice Issues Involving Foreclosure
- Servicer failed to send borrower, no later than 14 days prior to referral for foreclosure, a statement containing right to foreclose, an account statement, an ownership statement, and a loss mitigation statement outlining efforts to mitigate loss or if no mitigation efforts were undertaken or offered, an explanation why the borrower was ineligible for a loan modification or other loss mitigation
- Servicer failed to notify borrower before foreclosure of its appeal decision or its inability to complete a review of the appeal when the borrower submitted a complete application more than 30 days after the Post Referral to Foreclosure Solicitation but less than 15 days before foreclosure sale was scheduled
- Servicer failed to send a written communication (Post Referral to Foreclosure Solicitation Letter) to borrower within 5 business days after referral to foreclosure about rights to submit a loan modification application
- Servicer failed to notify borrower in writing of new date of sale if foreclosure was continued to provide time to evaluate loss mitigation options
- Servicer failed to provide borrower with notice that included contact information for national and state foreclosure assistance hotlines and state housing counseling resources
- Sevicer failed to state whether it contacted borrower and why borrower was ineligible for a loan modification or other loss mitigation option if no loss mitigation efforts were undertaken or offered
- Other (please specify below)
Please specify the Documentation Problem(s)
- Documentation Problems with Account
- Documentation Problems in Foreclosure
- Documentation Problems in Bankruptcy
- Documentation Problems to Credit Reporting Agencies
- Other (please specify below)
Please specify Documentation Problems with Account
- Servicer failed to accurately and timely update borrower's account information
- Servicer failed to accept and apply payments promptly or within 2 business days if payments properly identified
- Servicer failed to provide borrower adequate information on monthly account statements, including total amount due, allocation of payments, unpaid principal, fees and charges, escrow balance, and reasons for any payment changes
- Servicer failed to promptly correct any inaccuracies in borrower's account information
- Other (please specify below)
Please specify Documentation Problems in Foreclosure
- Factual assertions in legal filings were not accurate, complete, or supported by competent and reliable evidence
- Affidavits, sworn statements, or declarations were not based on personal knowledge
- Affidavits were not based on affiant's review and personal knowledge of assertions, did not set out facts that servicers reasonably believed would be admissable in evidence or show that the affiant was competent to testify
- Forms of affidavits, sworn statements, and declarations were not standardized or if standardized, did not comply with applicable law
- Affidavits, sworn statements, and declarations did not accurately identify the name, employer or title of the affiant
- Affidavits did not fully comply with state law
- Affidavits were false or unsubstantiated
- Affiant was an entity, not an individual
- Affidavit was not hand signed, except for permitted electronic filings, or signature was not dated
- If affidavit inaccurate, not properly notarized, or not based on personal review or knowledge, servicer failed to take appropriate action in pending case to substitute such affidavit with new one or to provide written notice to borrower or counsel
- Servicer failed to demonstrate right to foreclose in court filings
- Servicer lost note and failed to use good faith efforts to locate it
- Servicer intentionally destroyed or disposed of original note
- Servicer assigned mortgage without appropriate legal authority or accurately reflecting the completed transaction
- Servicer failed to send borrower, no later than 14 days prior to referral for foreclosure, a statement containing right to foreclose, an account statement, an ownership statement, and a loss mitigation statement outlining efforts to mitigate loss, or if no mitigation efforts were undertaken or offered, an explanation why the borrower was ineligible for a loan modification or other loss mitigation
- Other (please specify below)
Please specify Documentation Problems in Bankruptcy
- Factual assertions in bankruptcy Proofs of Claim (POC) were not accurate, complete, or supported by competent and reliable evidence
- Servicer relied on a POC with materially inaccurate information
- With actual knowledge of inaccuracy, servicer, in active cases, failed to substitute promptly with an amended POC or provide written notice to borrower or counsel or, in other cases, take appropriate action
- Servicer failed to ensure that POC was properly documented; failed to attach note, mortgage, and assignments; itemized statement of interest, fees, expenses, or charges; amount to cure; attachment related to security interest; statement demonstrating right to foreclose; signature, attestation, employer, and title of responsible person
- Servicer failed to ensure that each Motion for Relief from Stay (MRS) was properly documented by failing to attach a MRS affidavit setting forth whether there was a default and, if so, the details surrounding that default, the amounts claimed, including amount necessary to cure a default, all other attachments required by law, and loss mitigation information
- Other (please specify below)
Please specify Documentation Problems to Credit Reporting Agencies
- Servicer made inaccurate payment delinquency reports to credit reporting agencies when the borrower was making timely reduced payments pursuant to a trial or other loan modification agreement
- Other (please specify below)
Please specify the Fee Issue(s)
- General Fee Issues
- Loan Modification Application Fee
- Default/Attorney Fees
- Late Fees
- Property-related Fees
- Bankruptcy-related Fees
- Other (please specify below)
Please specify General Fee Issues
- Servicer failed to make schedule of common non-state specific fees that may be charged to borrowers available on its website and to borrower or representative of borrower
- Servicer's schedule of fees fails to identify each fee, provide a plain language explanation of the fee, and state the maximum amount of the fee or how the fee is calculated or determined
- Servicer collected default, foreclosure, or bankruptcy-related fees, including third party fees, from borrower that were not bona fide, reasonable in amount at market rates according to market reviews, and disclosed in detail to borrower
- Servicer collected an unearned fee, including a mark-up on servicer initiated third-party default or foreclosure-related services
- Servicer gave or accepted referral fee in relation to third-party default or foreclosure-related services
- Third party providers charge fees and costs that are unlawful, unreasonable and beyond those actually incurred
- Other (please specify below)
Please specify issue with Loan Modification Application Fee
- Servicer charged borrower an application fee for loan modification or failed to provide borrower pre-paid overnight envelope or label for return of application
- Other (please specify below)
Please specify issue with Default/Attorney Fees
- Servicer collected a default-related fee that was not for reasonable and appropriate services actually rendered and was not authorized by loan instruments or permitted by law or for a specific service requested by borrower who received clear and conspicuous disclosure of the fee
- Servicer charged attorneys' fees for work not actually performed or in excess of reasonable and customary fees for foreclosure action or bankruptcy proceeding
- Other (please specify below)
Please specify issue with Late Fees
- Servicer collected late fee or delinquency charge when delinquency was attributable to earlier late fee or delinquency charge and payment was otherwise full and timely
- Servicer collected late fees based on amount greater than past due
- Servicer collected late fees from escrow account or escrow surplus without borrower's approval
- Servicer collected late fees deducted from any regular payment
- Servicer collected late fees for periods during which completed loan modification application was under consideration, the borrower was making timely trial modification payments, or short sale offer was being evaluated
- Other (please specify below)
Please specify issue with Property-related Fees
- Servicer imposed unnecessary or duplicative property inspection, property preservation, or valuation fees
- Servicer imposed property preservation fee on borrower with pending application with servicer for loss mitigation relief or who was performing under loss mitigation program unless servicer had reasonable basis for believing property preservation was necessary
- Servicer imposed property inspection fee more frequently than timeframes allowed under GSE or HUD guidelines
- Servicer imposed property valuation fees more than once every 12 months unless requested by borrower or required as part of default or foreclosure process
- Other (please specify below)
Please specify issue with Bankruptcy-related Fees
- Servicer collected attorneys' fees or other charges with respect to preparation or submission of a POC or MRS document that is withdrawn or denied, or any amendment thereto, as a result of substantial mistatement of amount due by the servicer
- Servicer collected late fees due to delays in receiving full remittance of debtor's payments that debtor timely made to a chapter 13 trustee
- Servicer charged attorneys' fees for work not actually performed or in excess of reasonable and customary fees for foreclosure action or bankruptcy proceeding
- Other (please specify below)
Please specify the Loan Modification and Other Loss Mitigation Issue(s)
- Servicer Failed to Offer Loan Modification/Loss Mitigation Opportunity
- Loan Modification Process and Notice Issues
- Issues Arising After Denial of Loan Modification
- Servicer Foreclosed While Loan Modification/Loss Mitigation Application or Appeal Was Pending or Otherwise in Error
- Servicer Engaged in Other Collection Efforts While Loan Modification/Loss Mitigation Application Was Pending
- Notice Issues Involving Foreclosure
- Short Sale Issues
- Transfer of Servicing Rights Issues
- Other (please specify below)
Please specify how Servicer Failed to Offer Loan Modification/Loss Mitigation Opportunity
- Servicer failed to design first and second lien loan modification programs intended to produce sustainable modifications and affordable payments for borrowers needing longer term assistance
- Servicer failed to make publicly available information on its qualification processes, required documentation, and key eligibility factors for first and second lien modification applications and short sale requests
- Servicer failed to provide a description of modification waterfalls, eligibility criteria, and modification terms on a publicly available website
- Servicer failed to disclose and provide accurate information to borrowers relating to loss mitigation programs
- Servicer failed to provide borrower with notice that included contact information for national and state foreclosure assistance hotlines and state housing counseling resources
- Servicer failed to conduct affirmative outreach efforts to inform delinquent second lien borrowers about availability of payment reduction options
- Servicer failed to evaluate request for loss mitigation option by a borrower who was previously evaluated even though there was a material change in the borrower's financial circumstances
- Servicer failed to commence outreach efforts to communicate loss mitigation efforts for first lien mortgage loans to all potentially eligible borrowers in accordance with HAMP timelines
- Servicer failed to provide opportunity to reapply for HAMP or loan modification to borrowers who made all required trial period payments under HAMP but were later denied permanent modification
- Servicer failed to send final modification agreement to borrowers who made required number of timely trial period payments under HAMP where modification underwritten prior to trial period and investor approved of modification
- Servicer failed to convert such borrowers to a permanent modification upon execution of final modification documents
- Servicer failed to notify potentially eligible borrower of loss mitigation options before referring to foreclosure
- Servicer failed to send a written communication (Post Referral to Foreclosure Solicitation Letter) to borrower within 5 business days after referral to foreclosure about rights to submit a loan modification application
- Servicer failed to offer and facilitate a loan modification rather than initiate foreclosure even though loan modification was NPV positive
- Other (please specify below)
Please specify Loan Modification Process and Notice Issues
- Servicer failed to make publicly available information on its qualification processes, required documentation, and key eligibility factors for first and second lien modification applications and short sale requests
- Servicer failed to provide a description of modification waterfalls, eligibility criteria, and modification terms on a publicly available website
- Servicer has no program to allow borrowers to copy, fax, scan, transmit by overnight delivery, or mail or email documents to servicer free of charge
- Servicer failed to communicate with borrower's authorized representative, including housing counselors or representatives from state attorneys general and financial regulatory agencies
- Servicer discouraged borrower from working or communicating with legitimate non-profit housing counseling service
- Servicer instructed or advised borrower to go into default in order to qualify for relief
- Servicer required borrower to waive or release claims and defenses as condition for loan modification or other loss mitigation except in connection with resolution of contested claim and borrower not otherwise qualified for loan modification program
- Servicer failed to evaluate request for loss mitigation option by a borrower who was previously evaluated even though there was a material change in the borrower's financial circumstances
- Servicer charged borrower an application fee for loan modification or failed to provide borrower pre-paid overnight envelope or label for return of application
- Servicer failed to acknowledge receipt of first lien loan modification application documentation within 3 business days
- Servicers failed to notify borrower of any known deficiency in initial submission of information no later than 5 days after receipt
- Servicer failed to provide borrower 30 days from date of notice of income information to supplement borrower's application prior to making determination on application
- Servicer failed to make a determination on the borrower's loan modification no later than 30 days after receipt of complete application
- Servicer of second lien loan failed to send loan modification documents to qualified borrower no later than 45 days after servicer received notification of successful completion of the related first lien loan modification
- Servicer failed to allow properly submitted financials to be used for 90 days from receipt
- Servicer failed to provide borrower, prior to entering into loan modification, clear and conspicuous written information that making reduced payments during trial period may result in adverse credit reporting consequences
- Servicer failed to communicate timely and accurately relevant loss mitigation status or changes in status to its attorneys and trustees and to court-mandated mediators
- Servicer failed to provide borrower with copy of fully executed loan modification agreement within 45 days of receipt of executed copy from borrower or written summary of terms if modification was not in writing
- Servicer failed to notify borrower of final denial of first lien modification request within 10 business days of denial decision
- Servicer failed to notify in writing a borrower who applied for a second lien loan modification that the modification request was denied
- Servicer failed to send final modification agreement to borrowers who made required number of timely trial period payments under HAMP where modification underwritten prior to trial period and investor approved of modification
- Servicer failed to convert such borrowers to a permanent modification upon execution of final modification documents
- Sevicer failed to state whether it contacted borrower and why borrower was ineligible for a loan modification or other loss mitigation option if no loss mitigation efforts were undertaken or offered
- Other (please specify below)
Please specify Issues Arising After Denial of Loan Modification
- Servicer failed to notify borrower of final denial of first lien modification request within 10 business days of denial decision
- Servicer failed to notify in writing a borrower who applied for a second lien loan modification that the modification request was denied
- Servicer failed to send a written non-approval notice to borrower identifying reason for denial
- Servicer failed to inform borrower of 30 day right to provide evidence that denial was in error
- Servicer failed to disclose name of investor and summarize reasons for investor denial when first lien modification was denied by investor
- Servicer failed to provide the monthly gross income and property value used in NPV calculation when first lien modification denied as a result of NPV calculation
- Servicer failed to provide borrower 30 days to request an appeal and provide information as to why determination was in error after servicer had issued the written non-approval notice
- Servicer failed to conduct and use a full appraisal (at borrower's expense and upon borrower's request) in those cases in which first lien modification denial was the result of an NPV calculation
- Servicer failed to use its best efforts to make a determination on the borrower's appeal no later than 30 days after receipt of information
- Servicer failed to provide a description of other available loss mitigation in its appeal denial letter
- Other (please specify below)
Please specify how Servicer Foreclosed While Loan Modification/Loss Mitigation Application or Appeal Was Pending or Otherwise in Error
- Servicer referred borrower to foreclosure while the borrower's complete application for loan modification was pending
- Servicer moved for foreclosure judgment or order of sale or sought a foreclosure sale within 14 days after date of loan modification offer
- Servicer referred borrower to foreclosure, moved for foreclosure judgment or order of sale, or sought a foreclosure sale after borrower accepted loan modification offer (including by making first payment within 14 days of offer) and borrower made first trial period payment and had not breached trial plan
- Servicer referred to foreclosure, moved for foreclosure judgment or order of sale, or sought a foreclosure sale of a borrower whose loan modification request was denied before the borrower's 30-day appeal period expired or within 15 days after the letter denying the appeal or within 14 days of offering a loan modification after the appeal
- Servicer moved for foreclosure judgment or order of sale or sought a foreclosure sale even though borrower submitted a completed application within 30 days after the Post Referral to Foreclosure Solicitation Letter or more than 37 days before foreclosure sale was scheduled even if borrower submitted application more than 30 days after Post Referral to Foreclosure Letter
- Servicer failed to conduct an expedited review of borrower's application of a loan modification when the borrower submitted a complete application more than 30 days after the Post Referral to Foreclosure Solicitation but within 37 to 15 days before foreclosure sale was scheduled
- Servicer failed to notify borrower before foreclosure of its appeal decision or its inability to complete a review of the appeal when the borrower submitted a complete application more than 30 days after the Post Referral to Foreclosure Solicitation but less than 15 days before foreclosure sale was scheduled
- Servicer moved for foreclosure judgment or order of sale or sought a foreclosure sale even though short sale or deed-in-lieu had been approved by all parties and proof of funds provided to servicer
- Other (please specify below)
Please specify how Servicer Engaged in Other Collection Efforts While Loan Modification/Loss Mitigation Application Was Pending
- Servicer failed to cease all collection efforts while the borrower had a loan modification application pending or was making timely payments under trial loan modification plan
- Other (please specify below)
Please specify Notice Issues Involving Foreclosure
- Servicer failed to send borrower, no later than 14 days prior to referral for foreclosure, a statement containing right to foreclose, an account statement, an ownership statement, and a loss mitigation statement outlining efforts to mitigate loss or if no mitigation efforts were undertaken or offered, an explanation why the borrower was ineligible for a loan modification or other loss mitigation
- Servicer failed to notify borrower before foreclosure of its appeal decision or its inability to complete a review of the appeal when the borrower submitted a complete application more than 30 days after the Post Referral to Foreclosure Solicitation but less than 15 days before foreclosure sale was scheduled
- Servicer failed to send a written communication (Post Referral to Foreclosure Solicitation Letter) to borrower within 5 business days after referral to foreclosure about rights to submit a loan modification application
- Servicer failed to notify borrower in writing of new date of sale if foreclosure was continued to provide time to evaluate loss mitigation options
- Servicer failed to provide borrower with notice that included contact information for national and state foreclosure assistance hotlines and state housing counseling resources
- Sevicer failed to state whether it contacted borrower and why borrower was ineligible for a loan modification or other loss mitigation option if no loss mitigation efforts were undertaken or offered
- Other (please specify below)
Please specify Short Sale Issues
- Servicer failed to make publicly available information on its qualification processes, required documentation, and key eligibility factors for first and second lien modification applications and short sale requests
- Servicer failed to consider appropriate monetary incentives to underwater borrowers to facilitate short sale options
- Servicer failed to develop a cooperative short sale process which allowed the borrower the opportunity to engage the servicer to pursue short sale evaluation prior to putting home on the market
- Servicer failed to send written confirmation of borrower's first request for a short sale to borrower or agent within 10 business days of receipt of request
- Servicer's written confirmation failed to include information about short sale process, servicer's requirements, and deficiency payment policies
- Servicer failed to notify in writing borrower or agent of any missing required documentation for consideration of short sale within 30 days of borrower's request
- Servicer failed to communicate decision on borrower's request for short sale no later than 30 days after receipt of all required information and consents
- Servicer failed to notify borrower whose short sale request was accepted whether a deficiency payment will be demanded and the amount of such payment
- Servicer failed to provide reasons for denial to borrower whose short sale request was denied
- Servicer waived deficiency claim and still sold or transferred such claim to debt collector or buyer
- Other (please specify below)
Please specify Transfer of Servicing Rights Issues
- Servicer failed to inform successor servicer at time of transfer whether a loan modification was pending
- Servicer failed to obligate successor servicer to accept and continue processing pending loan modification requests
- Servicer failed to obligate successor servicer to honor trial and permanent loan modification agreement
- Servicer failed to designate borrower as third party beneficiary in contract to transfer servicing rights
- Servicer failed to accept and continue to process pending loan application when aquiring servicing rights from another servicer
- Servicer failed to honor trial and permanent loan modification agreements entered into by prior servicer
- Other (please specify below)
Please specify the Customer Service Issue(s)
- Staffing and Other Issues
- Single Point of Contact Issues
- Loan Portal Issues
- Other (please specify below)
Please specify Staffing and Other Issues
- Servicer failed to maintain adequate staffing and systems for tracking borrower documents and information
- Servicer's loss mitigation staff did not possess reasonable minimum experience, educational and training requirements
- Servicer failed to adopt enhanced billing dispute procedures, such as toll free or email customer service, adequate or competent staffing, dispute escalation process, or complaint tracking system
- Servicers failed to address customer complaints received about third parties
- Servicer employees were not adequately trained to address bankruptcy issues
- Servicer failed to provide an appropriate contact for foreclosure and bankruptcy counsel and foreclosure trustee to assist in legal proceedings and to facilitate loss mitigation questions
- Servicer failed to provide customer service employees or single point of contact specially trained about protections of SCRA
- Other (please specify below)
Please specify Single Point of Contact Issues
- Servicer failed to provide an easily accessible and reliable single point of contact after a potentially eligible borrower requested loss mitigation assistance
- Servicer failed to provide one or more direct means of communication with the single point of contact
- Servicer failed to keep the single point of contact assigned until such time as all loss mitigation options had been exhausted or borrower became current
- Servicer failed to promptly update contact information to the borrower if the single point of contact had been changed for any reason
- Single point of contact failed to carry out responsibilities of working with borrower on loan modification or loss mitigation activities, including providing alternatives upon denial of loan modification
- Servicer failed to ensure that single point of contact could refer and transfer a borrower to an appropriate supervisor upon borrower request
- Servicer failed to ensure that single point of contact had prompt access to relevant records in borrower's account
- Servicer failed to assign a single point of contact specially trained in bankruptcy issues to debtors in bankruptcy
- Servicer failed to designate management level employees to be primary contact for Attorneys General, state financial regulators, offices of U.S. Trustee, and federal regulators for complaints and inquiries; servicer failed to acknowlege inquiry within 10 days, provide substantive written response within 30 days, or provide relevant loan information upon written request
- Other (please specify below)
Please specify Loan Portal Issues
- Servicer failed to develop an online portal where borrowers can check, at no cost, the status of their first lien loan modifications
- Servicer failed to participate in a neutral, nationwide loan portal system to enhance communications with housing counselors
- Servicer failed to update status of each pending loan modification on these portals at least every 10 business days
- Other (please specify below)
Please specify the Third Party Provider Issue(s)
- Third party foreclosure firms, law firms, foreclosure trustees, subservicers, and other agents/third parties engaged in servicing activities fail to have adequate qualifications, expertise, policies, and practices
- Third party providers fail to abide by agreement in connection with preparation of documents
- Third party providers charge fees and costs that are unlawful, unreasonable, and beyond those actually incurred
- Servicer fails to hold third party providers to account for violations
- Other (please specify below)
Please specify the Military Personnel Issue(s)
- Servicemembers Civil Relief Act (SCRA) Issues
- Other (please specify below)
Please specify Servicemembers Civil Relief Act (SCRA) Issues
- Servicer failed to engage an independent consultant to review all foreclosures in which SCRA eligible servicemember was mortgagor or obligor and a sample between 1/1/09 and 12/31/10 to determine compliance with SCRA
- Servicer failed to determine whether borrower who stated he or she was within preceding 9 months in active military service or subject to military orders requiring commencement of active service was eligible for protections of SCRA
- Servicer failed to provide customer service employees or single point of contact specially trained about protections of SCRA
- Servicer failed to search Defense Manpower Data Center for evidence of SCRA eligibility before referring loan for foreclosure, within 7 days of foreclosure sale, and later of promptly after foreclosure sale and within 3 days of regularly scheduled end of redemption period
- Servicer failed to accept a letter on official letterhead from servicemember's commanding officer along with servicemember's written notice requesting protection under SCRA relating to interest rate relief
- Servicer failed to notify servicemember customers who were 45 days delinquent that they may be entitled to protections under SCRA and that counseling is available
- Other (please specify below)
Please specify Other Servicemember Issues
- Servicer sold, foreclosed, or seized a property of a servicemember during or within 9 months after the servicemember was eligible for Hostile Fire/Imminent Danger Pay and served at a location more than 750 miles from secured property or outside the US
- Servicer required servicemember experiencing financial hardship and eligible for financial relief to be delinquent to qualify for a short sale, loan modification, or other loss mitigation relief
- Servicer failed to take into account that servicemember was required to relocate for purposes of assessing financial hardship for a short sale
- Servicer failed to take into account that servicemember was required to relocate and unable to personally occupy residence and residence continued to be occupied by dependents or residence was only residence owned by servicemember for purposes of assessing financial hardship for a loan modification
- Servicer made innacurate reports to credit reporting agencies when a servicemember who had not defaulted obtained a short sale, loan modification, or other loss mitigation relief
- Other (please specify below)
Please specify the Bankruptcy Issue(s)
- Documentation Problems in Bankruptcy
- Problems in Active Chapter 13 Cases
- Customer Service Issues
- Loss Mitigation in Bankruptcy
- Bankruptcy-related Fees
- Other (please specify below)
Please specify Documentation Problems in Bankruptcy
- Factual assertions in bankruptcy Proofs of Claim (POC) were not accurate, complete, or supported by competent and reliable evidence
- Servicer relied on a POC with materially inaccurate information
- With actual knowledge of inaccuracy, servicer, in active cases, failed to substitute promptly with an amended POC or provide written notice to borrower or counsel or, in other cases, take appropriate action
- Servicer failed to ensure that POC was properly documented; failed to attach note, mortgage, and assignments; itemized statement of interest, fees, expenses, or charges; amount to cure; attachment related to security interest; statement demonstrating right to foreclose; signature, attestation, employer, and title of responsible person
- Servicer failed to ensure that each Motion for Relief from Stay (MRS) was properly documented by failing to attach a MRS affidavit setting forth whether there was a default and, if so, the details surrounding that default, the amounts claimed, including amount necessary to cure a default, all other attachments required by law, and loss mitigation information
- Other (please specify below)
Please specify Problems in Active Chapter 13 Cases
- In active Chapter 13 cases, servicer failed to promptly or properly apply payments; failed to treat as current a debtor making payments in accordance with plan; or failed to reconcile payments post-bankruptcy
- In active Chapter 13 cases, servicer, within 180 days of fees being incurred, failed to serve on debtor, counsel, and trustee a notice itemizing post-bankruptcy filing fees and charges that it intended to collect from debtor
- In active Chapter 13 cases, servicer failed to comply with time requirements established under bankruptcy law as to any notice that debtor had completed payments or otherwise cured default
- In active Chapter 13 cases, servicer failed to waive a fee, expense or charge even though it failed to provide notice itemizing post-bankruptcy filing fees and charges that it intended to collect from debtor and the charge was incurred more than 45 days prior to the date of the reply established under bankruptcy law as to any notice that debtor had completed payments or otherwise cured default
- In active Chapter 13 cases where servicer failed to serve notice related to fees within 180 days, servicer still sought to collect such fees from the borrower other than charges specifically authorized by borrower or involving taxes, homeowner association liens, or insurance
- In active Chapter 13 cases where servicer failed to serve notice related to change in payment, servicer failed to waive late charge and sought to collect late charge incurred solely because of failure of servicer to give timely notice
- Servicer denied loss mitigation option to eligible borrower on basis that debtor was in bankruptcy
- Servicer failed to extend trial period loan modification plans to accommodate delays in obtaining bankruptcy court approvals or receiving full remittance of debtor's trial period payments made to a Chapter 13 Trustee
- Servicer objected to confirmation of debtor's Chapter 13 plan, moved to dismiss pending bankruptcy case, or filed a MRS solely on basis that debtor paid only amounts due under trial or permanent loan modification when debtor was in compliance with such modification
- Other (please specify below)
Please specify Customer Service Issues
- Servicer failed to assign a single point of contact specially trained in bankruptcy issues to debtors in bankruptcy
- Servicer employees are not adequately trained to address bankruptcy issues
- Servicer failed to establish and make available to Chapter 13 Trustees a toll-free number staffed by persons trained in bankruptcy to respond to inquiries from Chapter 13 Trustees
- Servicer failed to provide an appropriate contact for foreclosure and bankruptcy counsel and foreclosure trustee to assist in legal proceedings and facilitate loss mitigation questions
- Other (please specify below)
Please specify Loss Mitigation in Bankruptcy
- Servicer denied loss mitigation option to eligible borrower on basis that debtor is in bankruptcy
- Servicer failed to extend trial period loan modification plans to accommodate delays in obtaining bankruptcy court approvals or receiving full remittance of debtor's trial period payments made to a Chapter 13 Trustee
- Servicer objected to confirmation of debtor's Chapter 13 plan, moved to dismiss pending bankruptcy case, or filed a MRS solely on basis that debtor paid only amounts due under trial or permanent loan modification when debtor is in compliance with such modification
- Other (please specify below)
Please specify Bankruptcy-related Fees
- Servicer collected attorneys' fees or other charges with respect to preparation or submission of a POC or MRS document that is withdrawn or denied, or any amendment thereto, as a result of substantial mistatement of amount due by the servicer
- Servicer collected late fees due to delays in receiving full remittance of debtor's payments that debtor timely made to a chapter 13 trustee
- Servicer charged attorneys' fees for work not actually performed or in excess of reasonable and customary fees for foreclosure action or bankruptcy proceeding
- Other (please specify below)
Please specify the Force-Planned Insurance Issue(s)
- Servicer failed to make reasonable efforts to work with borrower to continue or reestablish existing policy if lapse in payment and borrower's payments were escrowed
- Servicer obtained force-placed insurance without a reasonable basis for believing the borrower had failed to comply with loan contract's requirements to maintain property insurance
- Servicer purchased a force-placed insurance policy that was not at a commercially reasonable price
- Servicer failed to continue to advance payments for homeowner's current existing policy for an escrowed account
- Servicer failed to send two written notices over at least 30 days to borrower with information about requirements, procedures and costs before imposing force-placed insurance charges
- Servicer imposed force-placed insurance even though servicer received from borrower written confirmation of hazard insurance coverage within 15 days of the second notice having been sent
- Servicer imposed force-placed insurance or required borrower to maintain such insurance in excess of greater of replacement value, the last known amount of coverage or the outstanding loan balance
- Servicer failed to terminate force-placed insurance and refund consumer within 15 days of receipt by servicer of evidence of borrower's existing insurance coverage
- Servicer failed to refund to consumer, within 15 days of receipt by servicer of evidence of borrower's existing insurance coverage, all force-placed insurance premiums paid by borrower during any period borrower's insurance and force-placed insurance were both in effect and any resulting related fees charged to the borrower's account
- Other (please specify below)
Please specify the Community Blight Problem(s)
- Servicer failed to develop and implement policies and procedures to ensure that REO properties do not become blighted
- Servicer failed to develop and implement policies and procedures to enhance participation in anti-blight programs, such as state and local land bank programs, neighborhood stabilization programs and nonprofit redevelopment programs
- Servicer failed to inform borrower that he or she has responsibility to maintain property and pay taxes
- Servicer failed to request that borrower contact servicer to discuss alternatives to foreclosure if borrower wished to surrender the property
- Servicer failed to notify borrower of servicer's decision to release the first lien and not pursue foreclosure and of borrower's rights to occupy the property until sale occurs
- Servicer failed to notify local authorities when servicer decides to release the first lien and not pursue foreclosure
- Other (please specify below)
Please specify the Tenant Rights Issue(s)
- Servicer failed to comply with all applicable state and federal laws governing rights of tenants living in foreclosed residential properties
- Servicer failed to develop and implement written policies and procedures to ensure compliance with such laws
- Other (please specify below)
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