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Financial Services Law Insights and Observations

New York regulator issues guidance to regulated mortgage lenders and servicers regarding fees

State Issues Covid-19 New York Mortgages Mortgage Lenders Servicer Mortgage Servicing NYDFS Consumer Finance

State Issues

On September 1, the New York Department of Financial Services issued industry guidance instructing regulated mortgage lenders and servicers not to charge (or pass through to) consumers for mortgage default registration fees. The press release announcing the guidance notes that certain counties, cities, and municipalities in New York require mortgagees to pay a fee to register mortgages declared to be in default. Noting that consumers are facing financial hardship arising from the Covid-19 pandemic, the DFS guidance provides that these fees may not be passed on to consumers. Moreover, lenders and servicers who have charged consumers such fees must provide refunds, and must create a log of all borrowers who were charged such fees.

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