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Federal Reserve Board, Regulation B, and the neglected loan modification applicant

by admin on March 18, 2011

in 1- Mortgage Modification

The Federal Reserve has caught up with non-enforcement of their own policies and is now doing something about it. Martin Andelman relates the History of Regulation B and the result on his blog today. I’ll start at the end and go backwards so as to take away the suspense.

The nation’s lenders and servicers have an abysmal record of complying with Regulation B. The long-acknowledged statutory fine for this egregious oversight is $10,000, plus attorney fees. If you have been ignored by your lender/servicer in your personal attempts to negotiate a mortgage modification, pull out your wallet and make room.

Assuming you’re an attorney or a homeowner who has applied for a mortgage modification (or maybe a short sale) and didn’t receive a letter from your lender or servicer explaining why you were declined, within thirty days of being declined, The appropriate response would be: “Woohoo!”

Regressing through Mandelman’s chronology:

This past week, the U. S. Treasury Department sent out what it’s referring to as “Foreclosure SWAT Teams” into banks to take a closer look at their operations. The SWAT team examiners had questions were about ECOA. ECOA is Equal Credit Opportunity Act from 1974.

The Federal Reserve Board issued a directive to its examiners on December 4, stating that if a distressed homeowner has an extension of credit (read: mortgage), then there is an obligation to provide an adverse action notice to the borrower who is declined for a loan modification. That means that lenders or servicers have thirty days to provide notice of refusal to homeowners.

Today, ECOA prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, because an applicant receives income from a public assistance program, or because an applicant has in good faith exercised any right under the Consumer Credit Protection Act (read: punitive recrimination).

Bottom Line: The noose tightens on lenders and servicers who have ignored good faith mortgage modification applicants. As I understand it, this opportunity should be pursued AFTER a permanent mortgage modification is secured.

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The internet being what it is, certain search terms need to be empahasized so that you can find the best information. The REST Report is best classified as loan modification software, or mortgage modification software. It’s claim to fame is that you use it to calculate Net Present Value exactly the way the banks do, using the same software. It is best used as a do it yourself loan modification or do it yourself mortgage modification. For some reason, loan modification 2010 and mortgage relief 2010 are popular search terms.

This YouTube video says it all. Go here: target="_blank">How to Get A Beneficial Loan Modification Now Please ‘Like’ the video, will you? That makes it easier for others to find.

Read Mandelman and go chronologically for suspensehere

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Originally posted 2009-12-18 02:29:05. Republished by Blog Post Promoter

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