Any Web site the servicer maintains in connection with the servicing of the loan. Any periodic statement or coupon book required pursuant to. The written notice designating the specific address, required pursuant to § 1024.35(c) and § 1024.36(b). If a servicer establishes an address that a borrower must use to assert an error, a servicer must provide that address to the borrower in the following contexts: The notice is subject to the clear and conspicuous requirement in § 1024.32(a)(1). A notice establishing an address that a borrower must use to assert an error may be included with a different disclosure, such as a notice of transfer. If a servicer does not designate a specific address that a borrower must use to assert an error, a servicer must respond to a notice of error received by any office of the servicer.Ģ. A servicer is not required to designate a specific address that a borrower must use to assert an error. A charge for force-placed insurance in a circumstance not permitted by § 1024.37.ģ5(c) Contact information for borrowers to assert errors.ġ. A default property management fee for borrowers that are not in a delinquency status that would justify the charge or A charge imposed by a service provider for a service that was not actually rendered A late fee for a payment that was not late For purposes of § 1024.35(b)(5), a servicer lacks a reasonable basis to impose fees that are not bona fide, such as: However, an error relating to the failure to transfer accurately and timely information relating to the servicing of a borrower's mortgage loan account to a transferee servicer is an error for purposes of § 1024.35.Ģ. An error relating to a determination to sell, assign, or transfer the servicing of a mortgage loan. An error relating to a subsequent sale or securitization of a mortgage loan An error relating to the underwriting of a mortgage loan An error relating to the origination of a mortgage loan For example, the following are not errors for purposes of § 1024.35: A servicer is not required to comply with § 1024.35(d), (e) and (i) with respect to a borrower's assertion of an error that is not defined as an error in § 1024.35(b). A servicer should not rely on the borrower's characterization of the letter as a “Notice of Error,” but must evaluate whether the letter fulfills the substantive requirements of a notice of error, information request, or both.ġ. Such a letter may constitute an information request under § 1024.36(a) that triggers an obligation by the servicer to provide an annual escrow statement. For example, a borrower may submit a letter that claims to be a “Notice of Error” that indicates that the borrower wants to receive the information set forth in an annual escrow account statement and asserts an error for the servicer's failure to provide the borrower an annual escrow statement. A servicer should not rely solely on the borrower's description of a submission to determine whether the submission constitutes a notice of error under § 1024.35(a), an information request under § 1024.36(a), or both. Upon receipt of such documentation, the servicer shall treat the notice of error as having been submitted by the borrower.Ģ. A servicer may undertake reasonable procedures to determine if a person that claims to be an agent of a borrower has authority from the borrower to act on the borrower's behalf, for example, by requiring that a person that claims to be an agent of the borrower provide documentation from the borrower stating that the purported agent is acting on the borrower's behalf. A notice of error is submitted by a borrower if the notice of error is submitted by an agent of the borrower.