If you are an attorney, please file a complaint with the National Association of Consumer Advocates (NACA).

http://www.naca.net

If you are a homeowner with a mortgage-related problem, please file a complaint with the Consumer Financial Protection Bureau.

https://help.consumerfinance.gov/app/mortgage/ask

About this Checklist

This Checklist is a fast and easy online complaint form for housing counselors to use in documenting and reporting servicing-related problems, violations of the National Mortgage Settlement's servicing standards and fair lending issues to appropriate state and federal agencies.

Benefits of completing the form

  • Get help resolving problems with servicers by submitting complaints to your state attorney general, the Consumer Financial Protection Bureau (CFPB) and HUD. (See FAQs)
  • Save time by submitting multiple client cases. Upload client information seamlessly from CMAX and HCO. (See FAQs)
  • Report violations of the Settlement's servicing standards to the agency overseeing servicers' compliance with the Settlement.

 Please click on the appropriate category below to begin the Checklist.


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I am (check one category) *




Counselor Information:

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Borrower Information:

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Loan Data:

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Loan Checklist:

 INSTRUCTION: Please click on one or more of the main categories below which best describes your client's problem. Note that when you click on the category the standard or requirements will be displayed in more detail.

The borrower had the following problem(s) related to the servicing of the loan:

  1. Poor communication with the borrower before referral to foreclosure.
    • No 14-Day Pre-Foreclosure Notice. The Borrower did not receive a pre-foreclosure notice 14 days before referral to an attorney.
    • Inadequate 14-Day Pre-Foreclosure Notice. The pre-foreclosure notice did not include:
      • facts supporting the servicer's right to foreclose.
      • notification of borrower's right to request a payment history, note, mortgage with all assignments (if foreclosure has started) and the name of the investor who holds the loan.
      • an itemized summary of the terms of the loan, amount owed and amount required to bring loan current.
      • contact information for the servicer and HUD housing counselors.
      • summary of loss mitigation efforts to date.
    • Failure to notify the borrower. Servicer failed to notify borrower of:
      • currently available loss mitigation programs, payment reduction programs or loan modification options.
      • contact information for national or state foreclosure assistance hotlines and state housing counseling resources.
  2. Poor communication with the borrower after referral to foreclosure attorney.
    • Borrower did not receive a letter or other written communication within five days after referral to foreclosure that he/she is still eligible for alternatives to foreclosure and should contact the Servicer.
  3. Single Point of Contact (SPOC)
    • No SPOC provided. Servicer did not provide an easily accessible and reliable single point of contact.
    • SPOC failure. The single point of contact failed to:
      • communicate the options available or the actions the borrower must take to be considered for these options.
      • become knowledgeable about the borrower's situation and current status and convey this information to the borrower.
      • assist the borrower in pursuing alternatives to foreclosure after a loan modification denial.
  4. Borrower's payment to mortgage servicer not accepted.
    • Full monthly payment. Servicer did not promptly accept the full monthly payment from the borrower (or at least two payments that were within $50.00 of the full amount).
    • Partial monthly payment. The servicer posted the borrower's partial payment to an unapplied funds account and the servicer did not:
      • inform borrower that his/her payment was being posted in this account.
      • credit borrower's account with a full payment when the funds in this account cover the full monthly payment.
      • apply payments as required by the terms of the loan.
      • apply the funds to all unpaid interest, principal, and escrow amounts before paying servicer fees.
  5. Lost documentation.
    • Servicer lost the borrower's documents.
  6. Did not correct errors.
    • Servicer did not promptly correct errors on the borrower's account.
  7. Dual Track: foreclosure proceeded while modification under review.
    • Borrower referred to foreclosure before loan modification decision. The borrower was not in foreclosure, and the servicer referred the borrower to foreclosure while a complete or substantially complete loan modification application was under consideration.
    • Foreclosure process moved forward after referral to foreclosure attorney.Borrower submitted a loan modification application within 30 days after receiving a letter from a foreclosure attorney and the servicer moved forward and sought a foreclosure judgment, court order of sale or foreclosure sale date while the modification was under consideration.
    • Servicer did not postpone scheduled foreclosure sale. Borrower submitted a loan modification application 15 days or more prior to a scheduled foreclosure sale and the servicer did not conduct an expedited review and delay the foreclosure sale until after a decision was made on the application.
    • Foreclosure process moved forward during an appeal. The servicer moved the foreclosure forward while the appeal of the denial of a loan modification was pending.
  8. Home sold while loan modification or other workout option was pending.
    • The home was sold while loan modification application or other workout option was pending.
  9. Inadequate loan modification evaluation.
    • Servicer did not evaluate the borrower for all available loan modification options prior to referring borrower to foreclosure.
  10. No Modification Offer.
    • Servicer did not offer loan modification to an eligible borrower with a positive NPV.
  11. HAMP Permanent Modification
    • Borrower, who was previously denied a permanent loan modification after making all required payments under a HAMP trial plan, was not given the opportunity to reapply for a loan modification.
    • Borrower made all required payments under a HAMP trial plan but was not converted to a permanent modification.
  12. Loan Modification Timeline
    • Servicer failed to provide:
      • written acknowledgment of receiving loan modification documents within 3 business days.
      • notice to borrower that documents were missing within 5 business days of application.
      • give borrower 30 days to provide missing information.
      • make a decision on a complete loan modification application within 30 days.
      • notify borrower of loan modification denial within 10 business days of decision.
  13. Appeal of Loan Modification Denial
    • Servicer did not give the borrower 30 days from the loan modification denial notice to request an appeal or provide information as to why the servicer's determination was in error.
  14. Short Sales
    • Servicer failed to send written confirmation of a request for a short sale within 10 business days.
    • Servicer failed to provide a written answer to the borrower's short sale request within 30 days.
  15. Credit Reporting
    • Servicer made inaccurate delinquency reports to a credit reporting agency while the borrower was making timely payments on a loan modification agreement.
  16. Military Personnel
    • Servicer failed to provide required protections for military personnel.
  17. Issues related to fees and charges
    • Servicer failed to provide plain language explanations and information for all fees charged.
    • Servicer charged a late fee while the complete loan modification or short sale offer was under consideration.
    • Servicer charged the borrower an application or processing fee for a modification.
  18. Other
    • Please provide description below in the Additional Notes or Comments section.

Fair Lending Issues

Borrowers who are not fluent in English (check all that apply)






Borrowers who have a disability

If the borrower has a disability (such as hearing or vision impairment), has he/she asked for a reasonable accommodation (such as written communication or large print) and not received it?



Have you seen any patterns based on race, national origin, language proficiency, or other protected class characteristics among offers made to clients for relief under the National Mortgage Settlement?

Additional Notes or Comments

Please provide additional information on the errors or violations identified above.

Once this form is submitted, you will receive an email with a copy of the completed Checklist sent to the email that you provided. If you do not receive the acknowledgment email, please check your spam or junk folder.


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Using this Checklist

This Checklist is an online complaint form that can be completed in 4 easy steps:

Step 1: Provide information about yourself (counselor), the borrower, and the loan.

Step 2: From the list provided, check off the boxes that describe the problems your client is having with the servicing of the loan.

Step 3: From the list provided, check off the boxes that describe any fair lending issues your client is facing.

Step 4: Send your complaint to your state attorney general, the Consumer Financial Protection Bureau and/or HUD (optional).

Save time! Do you have several clients with servicing-related complaints?

You can submit information related to two or more clients at the same time. Your clients’ information will be transferred from CMAX or HCO.

For instructions on how to submit information related to multiple client cases, you must register or log in. Click on “Submit Multiple Cases” in the top toolbar to Register or Log In.

Note: Submitting multiple cases allows you to review and edit your cases at any time.
This option is not available if you submit a single case.