Feds finalize protections for mortgage borrowers

Published on NewsOK Modified: January 16, 2013 at 11:21 pm •  Published: January 16, 2013
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WASHINGTON (AP) — The government's consumer lending watchdog finalized new rules Thursday aimed at protecting homeowners from shoddy service and unexpected fees charged by companies that collect their monthly mortgage payments.

Mortgage servicing companies will be required to provide clear monthly billing statements, warn borrowers before interest rate hikes and actively help them avoid foreclosure, the Consumer Financial Protection Bureau said. The rules also require companies to credit people's payments promptly, swiftly correct errors and keep better internal records.

In a departure from proposed rules released in August, the agency said that mortgage companies will not be allowed to seek foreclosure on a person's home while that person is trying to arrange lower monthly payments or otherwise avoid losing the home. The change will end the practice of "dual-tracking" — pushing a borrower into foreclosure while discussing a loan modification with that borrower.

The rules "will provide a fairer and more effective process for troubled borrowers who face the potential loss of their homes," CFPB Director Richard Cordray said in remarks prepared for a public event in Atlanta Thursday.

The changes are part of a sweeping overhaul of mortgage rules by the CFPB, which was created by Congress in 2010 to police the kind of risky lending that contributed to the financial crisis. Congress charged the agency with rewriting the rules for how mortgage companies do business.

Mortgage servicers are central players in the nationwide housing crisis because they are responsible for foreclosing on homes when people fail to make payments. They have been criticized widely for practices like charging excessive fees, foreclosing without completing the required paperwork and failing to help people stay in their homes by changing their loan terms.

The new agency has focused on mortgage servicers in part because borrowers can't shop around and choose a mortgage servicer. Instead, servicers buy the right to collect payments from the original lenders. Servicing rights can be lucrative because they permit servicers to collect fees, for example on late payments. Without the threat of customers abandoning them, critics say, servicers have less incentive to serve customers well.

In the past, the companies "failed to provide a basic level of customer service that borrowers deserve, costing them money and dumping them into foreclosure," Cordray said. "Dealing with sloppy mortgage servicing became a frustrating nightmare."

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