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Financial Services Law Insights and Observations

Agencies issue Hurricane Dorian guidance

Federal Issues Fannie Mae Freddie Mac Disaster Relief Mortgages Consumer Finance OCC HUD FHA

Federal Issues

On August 29, Fannie Mae, Freddie Mac, and HUD issued disaster relief guidance related to Hurricane Dorian. Fannie Mae reminded servicers of available mortgage assistance options for homeowners impacted by the hurricane: (i) qualifying homeowners are eligible to stop making mortgage payments for up to 12 months without incurring late fees and without having delinquencies reported to the credit bureaus; (ii) servicers may immediately suspend or reduce mortgage payments for up to 90 days without any contact with homeowners believed to have been affected by a disaster; and (iii) foreclosures and other legal proceedings for homeowners believed to be impacted by a disaster are temporarily suspended. Freddie Mac similarly reminded servicers of these mortgage relief options.

The same day, HUD released Mortgagee Letter ML 2019-14 (ML 2019-14), which updates Handbook 4000.1 and expands its “Disaster Standalone Partial Claim” loss mitigation option which “allow[s] borrowers in Presidentially Declared Major Disaster Areas (PDMDAs) with delinquent FHA-insured mortgages to bring their mortgages current without increasing their interest rates or principal and interest payments.” The mitigation option, introduced last year, “covers missed mortgage payments up to 30 percent of Unpaid Principal Balance” through an interest-free second loan on the mortgage without a required trial payment plan. The second loan will become payable only when the borrower sells the home or refinances. Additionally, the loss mitigation option will streamline income documentation and other requirements to expedite relief to eligible borrowers struggling to pay their mortgages while recovering from disasters.

Separately on August 30, the OCC issued a proclamation permitting OCC-regulated institutions, to close offices affected by Hurricane Dorian’s severe weather conditions at their discretion “for as long as deemed necessary for bank operation or public safety.” In issuing the proclamation, the OCC noted that it expects that only those bank offices directly affected by potentially unsafe conditions will close and that they should make every effort to reopen as quickly as possible to address the banking needs of their customers. The proclamation directs institutions to OCC Bulletin 2012-28 for further guidance on natural disasters and other emergency conditions.

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