Expanding mortgage protections to prevent wrongful foreclosures

Mortgage servicers may need to provide some borrowers with foreclosure protections more than once over the life of a loan, and also extend protection to survivors of the original borrower in some cases, the Consumer Financial Protection Bureau (CFPB) said in a recently released proposal. The proposal reflects the CFPB’s commitment “to ensuring that homeowners and struggling borrowers are treated fairly by mortgage servicers and that no one is wrongly foreclosed upon,” said CFPB Director Richard Cordray. The proposal would require mortgage servicers to provide foreclosure protections more than once to borrowers “who have brought their loans current at any time since the last loss mitigation application,” which would benefit borrowers who have already obtained a loan modification but later experience an unrelated hardship that could put them at risk for foreclosure. Additionally, the Bureau calls for mortgage servicers to “[e]xpand consumer protections to surviving family members” who “have a legal interest in the home.” Additional requirements include notifying borrowers when their loss mitigation applications are complete so they know the protections they are entitled to, and providing periodic statements to borrowers in bankruptcy, among others. For more, read the full release.

Consumer Financial Protection Bureau, Consumer Lending and Services, Fair Lending, Non-Depository Institutions