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Freddie Mac issues bulletin on servicing relating to Covid-19
On May 14, Freddie Mac issued Bulletin 2020-16 providing temporary servicing guidance related to Covid-19. The bulletin provides clarity in the following areas: (i) the extension of the Covid-19 foreclosure moratorium announced in Bulletins 2020-4 and 2020-10 until June 30, (ii) property inspections for delinquent mortgages, (iii) default reporting for mortgages impacted by Covid-19, (iv) property valuations for short sales and deeds-in-lieu of foreclosure, (v) Home Affordable Modification Program (HAMP) good standing for mortgages on a Covid-19 forbearance plan, repayment plan, or Covid-19 payment deferral, and (vi) the National Emergency Declaration effective date.
FHA issues mortgagee letter on extension of foreclosure and eviction moratoriums
On May 14, FHA issued Mortgagee Letter 2020-13, which extends the foreclosure and eviction moratorium in connection with the Covid-19 emergency and issues new reporting requirements related to FHA single family’s CARES Act loss mitigation options. The foreclosure moratorium is extended to June 30, 2020, and applies to FHA-insured single family mortgages, except vacant or abandoned properties. The moratorium on evictions of persons from properties securing FHA-insured single family mortgages, excluding actions to evict occupants of legally vacant or abandoned properties, is also extended for the same period. The bulletin also provides guidance on how mortgagees must report the Default/Delinquency Reason Codes that apply to the borrower at the end of each reporting cycle. The mortgagee must update the code as the borrower’s circumstances change.
Texas regulator extends reporting deadlines for property tax lenders, urges working with borrowers
On May 13, the Texas Office of Consumer Credit Commissioner revised an advisory bulletin (previously discussed here) for property tax lenders, which sets forth guidance regarding annual report deadlines, electronic signatures, activity from unlicensed locations, and working with borrowers, including by increasing communications, working out modifications, waving late charges, and suspending foreclosures, among other things.
Fannie and Freddie offer new Covid-19 payment deferral
On May 13, the FHFA, Fannie Mae, and Freddie Mac, announced a new Covid-19 payment deferral option that will be available starting on July 1. According to Fannie Mae Lender Letter LL-2020-07 and Freddie Mac Bulletin 2020-15, the new Covid-19 payment deferral is “a new workout option specifically designed to help borrowers impacted by a hardship related to Covid-19 return their mortgage to a current status after up to 12 months of missed payments.”
The new option is for borrowers who (i) are on a Covid-19 related forbearance plan, or (ii) have a resolved financial hardship due to Covid-19. Specifically, the servicer is required to confirm that the borrower is now able to continue making the full monthly contractual payment of their loan but is unable to reinstate the mortgage loan or afford a repayment plan to cure the previous delinquency. If a borrower is eligible for the Covid-19 payment deferral, the servicer must allow the borrower to resume their contractual monthly payments; however, the delinquency amount (which includes up to 12 months of past-due principal and interest payments; out-of-pocket escrow advances paid to third parties; and servicing advances paid to third parties in the ordinary course of business) must be deferred as a non-interest bearing balance, due and payable at liquidation, refinance, or maturity. Among other requirements detailed by the Lender Letter and Bulletin, servicers must report the loan in accordance with the Fair Credit Reporting Act, as amended by the CARES Act, which requires lenders to report as current any loans subject to Covid-19 forbearance or other accommodation. Additionally, servicers must waive all late charges, penalties, and fees upon completing the Covid-19 payment deferral.
In addition to the new Covid-19 payment deferral, borrowers will continue to have other hardship options including repayment plans, lump-sum repayment, or permanent modification. Servicers must begin evaluating borrowers for the Covid-19 payment deferral beginning July 1.
New Jersey Department of Banking extends filing deadlines for certain annual reports
On May 12, the New Jersey Department of Banking Insurance issued a bulletin regarding the extension of deadlines for certain entities and individual regulated by the Division of Banking to file annual reports. Certain enumerated licensees, including check cashers, insurance premium finance companies, motor vehicle installment sellers, and money transmitters, are granted an extension until June 1 to file annual reports. However, licensees must file their subsequent annual report by April 1, 2021. Mortgage lenders and mortgage brokers who are required to file an annual report on or before May 1, are also granted an extension to June 1. The next annual report must be filed by May 1, 2021.
Federal agencies launch joint housing assistance website
On May 12, the CFPB, the Federal Housing Finance Agency (FHFA), and the Department of Housing and Urban Development (HUD) announced a new mortgage and housing assistance website, which consolidates the CARES Act mortgage and rent relief protections, tips to avoid Covid-19 related scams, and tools for homeowners and renters to determine if their property is federally backed. The release details the steps the CFPB has taken in response to the Covid-19 pandemic, including informing consumers of their protections under newly created programs and releasing a policy statement concerning the responsibilities of credit reporting companies and furnishers. The release also outlines efforts that FHFA’s regulated entities and HUD have taken to address the national emergency, including forbearance options for homeowners and eviction protections for renters who live in multifamily properties that are backed by Fannie Mae or Freddie Mac.
Special Alert: California Assembly to introduce legislation for Covid-19-related relief for mortgage loans, vehicle-secured credit, PACE financing, and deferred deposit transactions
We understand that the California State Assembly will shortly propose amendments to Assembly Bill No. 2501 to create the “COVID-19 Homeowner, Tenant, and Consumer Relief Law of 2020.” As of posting of this Alert, the proposed legislation is not available on California’s legislative service website. The proposed law would provide relief to homeowners, tenants, and vehicle owners by prohibiting creditors and loan servicers from taking specified actions, including initiating foreclosures or repossessions, during the period from the date of enactment of the proposed law through the 180-day period following the date that California Governor Gavin Newsom declares the emergency related to Covid-19 has ended. Additionally, the proposed law would require servicers to place certain loans that become delinquent into automatic forbearance for a period of at least six months.
The proposed law appears similar to portions of an appropriations bill, “Take Responsibility for Workers and Families Act,” which was introduced in the U.S. House of Representatives on March 23, 2020, prior to the enactment of the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and failed to pass. We understand that the proposed law is scheduled to be heard before the California State Assembly Banking Committee on May 19.
New York extends moratorium on evictions and foreclosures
The governor of New York issued Executive Order 202.28, extending through June 6 the moratorium on evictions of residential or commercial tenants for nonpayment of rent or foreclosure of a residential or commercial mortgage for nonpayment for a period of sixty days beginning on June 20. The moratorium applies only to properties owned or rented by someone that is eligible for unemployment insurance or benefits or is otherwise facing hardship due to the Covid-19 outbreak.
Alabama clarifies proclamation regarding eviction moratorium
On May 8, the Alabama governor issued a Ninth Supplemental Proclamation amending an earlier proclamation providing relief from residential evictions and foreclosures, which we previously covered here. The earlier proclamation is amended to specify that the protection against evictions applies only to evictions based on nonpayment. The proclamation also extends the state of emergency issued on March 13, 2020, for an additional sixty days, unless sooner terminated. The proclamation will remain in effect for the duration of the public health emergency unless rescinded or extended by another proclamation.
Agencies jointly release fact sheets for services and consumers regarding CARES Act forbearance
The Federal Housing Administration, the Department of Veterans Affairs, and the Rural Housing Service have jointly issued fact sheets for servicers and for consumers outlining certain requirements and obligations under CARES Act mortgage payment forbearance. The fact sheet for servicers provides guidance for assisting and educating borrowers and explains that loss mitigation options will vary based on the program under which the loan is insured or guaranteed. The fact sheet for consumers provides guidance on requesting forbearance and information on the forbearance program.