(Pub. L. 93–533, § 6, as added Pub. L. 101–625, title IX, § 941,Nov. 28, 1990, 104 Stat. 4405; amended Pub. L. 102–27, title III, § 312(a),Apr. 10, 1991, 105 Stat. 154; Pub. L. 103–325, title III, § 345,Sept. 23, 1994, 108 Stat. 2239; Pub. L. 104–208, div. A, title II, § 2103(a),Sept. 30, 1996, 110 Stat. 3009–399; Pub. L. 111–203, title X, § 1098(4), title XIV, § 1463,July 21, 2010, 124 Stat. 2104, 2182.)
Amendment of Section
Pub. L. 111–203, title XIV, §§ 1400(c),
1463,July 21, 2010, 124 Stat. 2136, 2182, provided that this section is amended, effective on the date on which final regulations implementing such amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date:
(1) in subsection (e)—
(A) in paragraph (1)(A), by substituting “5 days” for “20 days”;
(B) in paragraph (2), by substituting “30 days” for “60 days”; and
(C) by adding at the end the following new paragraph:
“(4) Limited extension of response time
“The 30-day period described in paragraph (2) may be extended for not more than 15 days if, before the end of such 30-day period, the servicer notifies the borrower of the extension and the reasons for the delay in responding.”;
(2) in subsection (f)—
(A) in paragraphs (1)(B) and (2)(B), by substituting “$2,000” for “$1,000” wherever appearing; and
(B) in paragraph (2)(B)(i), by substituting “$1,000,000” for “$500,000”;
(3) in subsection (g), by inserting at the end “Any balance in any such account that is within the servicer’s control at the time the loan is paid off shall be promptly returned to the borrower within 20 business days or credited to a similar account for a new mortgage loan to the borrower with the same lender.”; and
(4) by adding at the end the following:
“(k) Servicer prohibitions
“(1) In general
“A servicer of a federally related mortgage shall not—
“(A) obtain force-placed hazard insurance unless there is a reasonable basis to believe the borrower has failed to comply with the loan contract’s requirements to maintain property insurance;
“(B) charge fees for responding to valid qualified written requests (as defined in regulations which the Bureau of Consumer Financial Protection shall prescribe) under this section;
“(C) fail to take timely action to respond to a borrower’s requests to correct errors relating to allocation of payments, final balances for purposes of paying off the loan, or avoiding foreclosure, or other standard servicer’s duties;
“(D) fail to respond within 10 business days to a request from a borrower to provide the identity, address, and other relevant contact information about the owner or assignee of the loan; or
“(E) fail to comply with any other obligation found by the Bureau of Consumer Financial Protection, by regulation, to be appropriate to carry out the consumer protection purposes of this chapter.
“(2) Force-placed insurance defined
“For purposes of this subsection and subsections (l) and (m), the term ‘force-placed insurance’ means hazard insurance coverage obtained by a servicer of a federally related mortgage when the borrower has failed to maintain or renew hazard insurance on such property as required of the borrower under the terms of the mortgage.
“(l) Requirements for force-placed insurance
“A servicer of a federally related mortgage shall not be construed as having a reasonable basis for obtaining force-placed insurance unless the requirements of this subsection have been met.
“(1) Written notices to borrower
“A servicer may not impose any charge on any borrower for force-placed insurance with respect to any property securing a federally related mortgage unless—
“(A) the servicer has sent, by first-class mail, a written notice to the borrower containing—
“(i) a reminder of the borrower’s obligation to maintain hazard insurance on the property securing the federally related mortgage;
“(ii) a statement that the servicer does not have evidence of insurance coverage of such property;
“(iii) a clear and conspicuous statement of the procedures by which the borrower may demonstrate that the borrower already has insurance coverage; and
“(iv) a statement that the servicer may obtain such coverage at the borrower’s expense if the borrower does not provide such demonstration of the borrower’s existing coverage in a timely manner;
“(B) the servicer has sent, by first-class mail, a second written notice, at least 30 days after the mailing of the notice under subparagraph (A) that contains all the information described in each clause of such subparagraph; and
“(C) the servicer has not received from the borrower any demonstration of hazard insurance coverage for the property securing the mortgage by the end of the 15-day period beginning on the date the notice under subparagraph (B) was sent by the servicer.
“(2) Sufficiency of demonstration
“A servicer of a federally related mortgage shall accept any reasonable form of written confirmation from a borrower of existing insurance coverage, which shall include the existing insurance policy number along with the identity of, and contact information for, the insurance company or agent, or as otherwise required by the Bureau of Consumer Financial Protection.
“(3) Termination of force-placed insurance
“Within 15 days of the receipt by a servicer of confirmation of a borrower’s existing insurance coverage, the servicer shall—
“(A) terminate the force-placed insurance; and
“(B) refund to the consumer all force-placed insurance premiums paid by the borrower during any period during which the borrower’s insurance coverage and the force-placed insurance coverage were each in effect, and any related fees charged to the consumer’s account with respect to the force-placed insurance during such period.
“(4) Clarification with respect to Flood Disaster Protection Act
“(m) Limitations on force-placed insurance charges
“No provision of this section shall be construed as prohibiting a servicer from providing simultaneous or concurrent notice of a lack of flood insurance pursuant to section
“All charges, apart from charges subject to State regulation as the business of insurance, related to force-placed insurance imposed on the borrower by or through the servicer shall be bona fide and reasonable.”
See Effective Date of 2010 Amendment note below.
A prior section
,Pub. L. 93–533
, § 6,Dec. 22, 1974, 88 Stat. 1726
, related to advanced itemized disclosure of settlement costs by the lender and liability of the lender for failure to comply, prior to repeal by Pub. L. 94–205
, § 5,Jan. 2, 1976, 89 Stat. 1158
2010—Subsec. (j)(3). Pub. L. 111–203
, § 1098(4), substituted “Bureau” for “Secretary” and struck out “, by regulations that shall take effect not later than April 20, 1991,” before “establish”.
1996—Subsec. (a). Pub. L. 104–208
amended heading and text of subsec. (a) generally. Prior to amendment, text consisted of pars. (1) to (3) relating to requirements for lenders of federally related mortgage loans to disclose to applicants whether servicing of such loan may be assigned, sold, or transferred, directed Secretary to develop model disclosure statement, and required signature of applicant on all such disclosure statements.
1994—Subsec. (a)(1)(B). Pub. L. 103–325
substituted “(B) at the choice of the person making a federally related mortgage loan—
“(i) for each of the most recent”
for “(B) for each of the most recent”, redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, and realigned margins, substituted “or” for “and” at end of subcl. (II), and added cl. (ii).
1991—Subsec. (j). Pub. L. 102–27
added subsec. (j).
Effective Date of 2010 Amendment
Amendment by section 1098(4) ofPub. L. 111–203
effective on the designated transfer date, see section 1100H ofPub. L. 111–203
, set out as a note under section
, Government Organization and Employees.
Amendment by section 1463 ofPub. L. 111–203
effective on the date on which final regulations implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) ofPub. L. 111–203
, set out as a note under section
, Commerce and Trade.