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Ex. FED-344 Order Primary source read

Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021)

Protections for Borrowers Affected by the COVID-19 Emergency Under RESPA, Regulation X

Bureau of Consumer Financial Protection · United States (mortgage servicers) (Federal)

The COVID Project

The record

Jurisdiction
United States (mortgage servicers)
Level
Federal
Authority
RESPA, 12 U.S.C. § 2605(f), (j)(3), (k)(1)(E); Regulation X, 12 C.F.R. §§ 1024.39, 1024.41(f)(3)
Issued
2021-06-25 June 25, 2021
Effective
2021-08-31
End
temporary procedural safeguards on first foreclosure notices or filings ran through Dec. 31, 2021 (§ 1024.41(f)(3)); rescinded 2025 (90 Fed. Reg. 20791) (read as 2021-12-31)
In force
Aug. 31, 2021 to Dec. 31, 2021
Quarters
2021 Q3
Limitation types
Courts and public officesOther
Addressees
  • servicers of federally related mortgage loans secured by the borrower's principal residence
Functions reached
  • SV foreclosure referrals barred absent the procedural safeguards from Aug. 31 through Dec. 31, 2021 (a Q3 2021 instrument)
  • ML
Collection
Federal commerce, travel, workplace and finance layer FED-B

Operative words

SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is issuing this final rule to amend Regulation X to assist mortgage borrowers affected by the COVID-19 emergency. The final rule establishes temporary procedural safeguards to help ensure that borrowers have a meaningful opportunity to be reviewed for loss mitigation before the servicer can make the first notice or filing required for foreclosure on certain mortgages. In addition, the final rule would temporarily permit mortgage servicers to offer certain loan modifications made available to borrowers experiencing a COVID-19-related hardship based on the evaluation of an incomplete application.... DATES: This final rule is effective on August 31, 2021.

Enforcement

Regulation X; CFPB supervision and enforcement; private right of action under RESPA § 6(f)

Notes

The federal rule that took effect inside 2021 Q3 to stop a wave of foreclosure referrals when the agency moratoria ended July 31, 2021.

Retrieval note

Signed 'Dated: June 25, 2021'; announced June 28, 2021; published 86 Fed. Reg. 34848 (June 30, 2021); effective Aug. 31, 2021.