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Financial Services Law Insights and Observations

NYDFS fines mortgage loan servicer for alleged violations of Abandoned Property Relief Act

State Issues NYDFS Enforcement Mortgage Servicing

State Issues

On January 16, NYDFS announced a $100,000 settlement with a New York state-registered mortgage loan servicer for allegedly failing to register and maintain two properties as required by the state’s Abandoned Property Relief Act. Under the Act, NYDFS can hold banks and mortgage servicers accountable should they fail to fulfill certain maintenance obligations at vacant and abandoned residential properties (“zombie” properties) securing mortgage loans in their portfolios. NYDFS rejected claims that the servicer was unable to maintain the “zombie” properties due to not receiving authorization from the mortgagee and that the properties were not subject to the requirements of the Act because backdated lien releases extinguished its maintenance obligation. Under the terms of the consent order, the servicer has also agreed to provide confirmation within 30 days to NYDFS that all properties subject to New York’s Vacant and Abandoned Property Law have been sufficiently registered with NYDFS’ registry of vacant and abandoned properties, are maintained properly, and that all quarterly filings for each property have been submitted.

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