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Massachusetts regulator updates foreclosure moratorium FAQs
On May 1, the Massachusetts Division of Banks issued updated FAQs regarding Chapter 65 of the Acts of 2020, an April 20 state law establishing a temporary moratorium on certain residential foreclosures. The updated FAQs restate that, until the end of the moratorium, which is currently set to expire on August 18, 2020, lenders cannot charge fees other than those contractually scheduled and calculated as if the borrower made all payments in full and on time. The updates also clarify that the foreclosure and forbearance provisions of Chapter 65 do not apply to residential investment properties, residential properties that are not owner-occupied, and residential properties taken in whole or in part as collateral for a commercial loan.
Massachusetts securities regulator extends temporary relief for corporations and financial professionals
On April 30, the Massachusetts Securities Division extended an emergency notice announcing temporary relief from signature and notarization requirements for corporate filings and financial professionals (previously covered here). The extension will be in place until May 31 unless otherwise amended.
Massachusetts issues FAQs regarding recently passed law imposing moratoriums on foreclosures and evictions
Massachusetts issued responses to frequently asked questions regarding An Act Providing for a Moratorium on Evictions and Foreclosures During the Covid-19 Emergency, which was signed into law and effective on April 20, 2020. The FAQs provide guidance to borrowers on the foreclosure moratorium and forbearance period under the act and includes a section addressing reverse mortgages. The FAQs also provide guidance to lenders and servicers with respect to implementation of the act.
Massachusetts Office of Consumer Affairs and Business Regulation issues guidance on reverse mortgages
On April 27, the Massachusetts Office of Consumer Affairs and Business Regulation, Division of Banks, issued guidance relating to compliance with the reverse mortgage counseling requirements under An Act Providing for a Moratorium on Evictions and Foreclosures During the Covid-19 Emergency, which was signed into law and effective on April 20, 2020. The act provides that the in-person counseling requirement under specific provisions of Massachusetts law can alternatively be met by synchronous, real-time video conference or by telephone. The division also provides guidance for counseling options for reverse mortgage counseling, HUD Certificate of HECM counseling, and other reverse mortgage programs.
Multi-jurisdiction settlement reached with credit reporting agency over 2017 data breach
On April 17, the Massachusetts attorney general announced a settlement with a credit reporting agency (CRA) to resolve a state investigation into a 2017 data breach that reportedly compromised the personal information of nearly three million Massachusetts residents. According to the AG’s 2017 complaint (covered by InfoBytes here), the CRA ignored cybersecurity vulnerabilities for months before the breach occurred and failed to take measures to implement and maintain reasonable safeguards. Under the terms of the proposed settlement, pending final court approval, the CRA will pay Massachusetts $18.2 million and is required to take significant measures to strengthen its security practices to ensure compliance with Massachusetts law. These measures include (i) implementing a comprehensive information security program; (ii) minimizing the collection of sensitive personal information; (iii) managing and implementing specific technical safeguards and controls; (iv) providing consumer-related relief, such as credit monitoring services and security freezes; and (iv) allowing third-party assessments of its data safeguards.
Earlier, on April 14, the Indiana attorney general also announced that the CRA will pay the state $19.5 million to resolve allegations that it failed to protect Indiana residents whose personal information was exposed in the 2017 data breach. Under the terms of the final judgment and consent decree, in addition to paying $19.5 million in restitution, the CRA must take measures similar to those outlined in the Massachusetts settlement.
Massachusetts and Indiana were the only two states that chose not to participate in the 2017 multi-agency settlement that resolved federal and state investigations into the data breach and required the company to pay up to $700 million (covered by InfoBytes here).
Separately, on April 7, the City of Chicago announced a $1.5 million settlement to resolve allegations that the CRA’s failure to employ adequate data-security measures led to the breach.
Massachusetts passes legislation providing for virtual notarization
On April 23, the Massachusetts legislature passed, and the governor signed, S. 2645, which authorizes virtual notarization. Specifically, S. 2645 allows a notary public to perform a notarial act utilizing electronic video conferencing in real time, and meets standards specified in the act for electronic notarizations.
States offer relief to student loan borrowers not covered by CARES Act
On April 23 and 21, nine states announced a multi-state initiative to provide student loan relief options for borrowers with privately held student loans not covered by the CARES Act. California, Colorado, Connecticut, Illinois, Massachusetts, New Jersey, Vermont, and Washington outlined within their announcements specific measures for borrowers with commercially-owned Federal Family Education Loan Program loans and borrowers with private student loans who are struggling to make payments due to the Covid-19 pandemic. The announcements also noted that Virginia is participating in the initiative as well. These relief options, offered in conjunction with the listed private student loan servicers, include (i) a minimum 90-days of forbearance relief; (ii) a waiver of late fees; (iii) no negative credit reporting; (iv) a 90-day moratorium on collection lawsuits; and (v) enrollment in applicable borrower assistance programs, such as income-based repayment. The states cautioned that enrollment in these relief options is not automatic, and recommended borrowers contact their student loan servicer to see what options best suit their needs.
In addition, California, Colorado, Connecticut, New Jersey, Vermont, and Washington recommended that regulated student loan servicers with limited ability to take these actions due to investor restrictions or contractual obligations “should instead proactively work with loan holders whenever possible to relax those restrictions or obligations.”
Massachusetts enacts legislation imposing moratorium on certain evictions and foreclosures and requiring forbearance upon request
On April 20, the governor of Massachusetts signed legislation imposing a moratorium on certain eviction and foreclosure proceedings for the earlier of 120 days from the enactment of the legislation or 45 days after the state of emergency. In addition, the bill requires a creditor to grant a forbearance to a mortgagor that submits a request and affirms that the mortgagor has experienced a financial impact from Covid-19. Any payment subject to the forbearance must be added to the end of the term, unless otherwise agreed to. The legislation also prohibits a mortgagee or landlord from furnishing negative mortgage payment information or rental payment data to a consumer reporting agency related to payments subject to the act.
Massachusetts attorney general: CARES Act payments are exempt from seizure
On April 13, the Massachusetts Office of the Attorney General notified creditors and debt collectors that, in its view, stimulus payments made under the CARES Act are exempt from garnishment or attachment by creditors under Massachusetts law, and remain exempt regardless of how the funds are deposited or held after receipt. Any act, or threat to act, to garnish, attach, or otherwise seize the funds will be a violation of the attorney general’s regulations governing debt collection.
Massachusetts regulator suspends lending limits for PPP loans
On April 6, the Massachusetts Division of Banks issued guidance to state-chartered banks and credit unions indicating that it will not make adverse regulatory findings or take enforcement action if a loan made under the Small Business Administration’s Payment Protection Program (PPP) causes the institution to violate legal limits on loans to one borrower or the institution’s internal policy. The division also encouraged institutions to work collaboratively to meet demand for PPP loans, such as instituting referral systems.