This past July, the American Bankers Association sent a letter to the CFPB requesting several clarifications to the mortgage servicing rules. One of such clarifications concerned application of the “120-day rule,” meaning the rule that prohibits a servicer from sending the first notice or filing for foreclosure unless a borrower’s mortgage loan is more than 120 days delinquent. … Continue Reading
foreclosure
CFPB considering action on zombie foreclosures
By CFPB Monitor on
Posted in Mortgages, Regulatory and Enforcement
According to a Reuters report, a CFPB official, speaking at a Federal Reserve Bank of Cleveland conference last week, stated that the CFPB is beginning to take a close look at abandoned properties and “zombie” foreclosures. The term “zombie foreclosure” refers to a situation in which a borrower has moved out of a home after the lender has started a foreclosure but, because the lender did not complete the foreclosure, title was never officially transferred and remains with the borrower who may be unaware that the foreclosure was never completed. … Continue Reading
More thoughts on the CFPB’s TILA amicus brief
By Ballard CFS Group on
Posted in Mortgages, Regulatory and Enforcement
As my partner Marty Bryce reported, the CFPB has filed an amicus brief in the Tenth Circuit in a TILA case that presents the question whether a lawsuit seeking rescission is timely where the consumer provided notice of rescission to the lender within three years of closing but did not file suit until after the three-year deadline had passed.… Continue Reading