Mortgage servicers are mandated with the responsibility of collecting payments from the mortgage borrower and transferring the payments to the loan owners (Consumer Financial Protection Bureau, 2016). When carrying out their responsibilities, mortgage servicers are required to comply with regulations established by the Consumer Financial Protection Bureau (CFPB) and federal consumer right law. Compliance with these regulations help in ensuring that mortgage servicers carry out their operations in a proper and legal manner. This paper examines compliance issues facing mortgage servicers in two different scenarios based on CFPB regulation and federal consumer right law.
Rachel’s Case
Based on the information provided in Rachel’s case, the major issue is the unavailability of information on payment history for her loan before it was transferred to LandX. The federal regulation that was violated in this scenario is regulation regarding transfers. In this case, Rachel’s loan was transferred to LandX as part of loan modification process. However, as stipulated by the Consumer Financial Protection Bureau (2016), transfer of loans during this process increases risks to consumers including the failure to accurately transfer information and documents to the new servicer. During the loan modification process in Rachel’s case, LightBank, which has since filed for bankruptcy,...
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