FHA Single Family Housing Policy Handbook 4000.1, III. SERVICING AND LOSS MITIGATION > B. Title II Insured Housing Programs Reverse Mortgages > 1. Servicing of FHA-Insured HECMs — a. Servicing in Compliance with Law
HUD effective date: 04/29/2024 · section III.B.1 · Handbook 4000.1
FHA Single Family Housing Policy Handbook 4000.1, Part III — a. Servicing in Compliance with Law (04/29/2024).
Verbatim regulatory text
Verbatim provisions from FHA Single Family Housing Policy Handbook 4000.1, III. SERVICING AND LOSS MITIGATION > B. Title II Insured Housing Programs Reverse Mortgages > 1. Servicing of FHA-Insured HECMs — a. Servicing in Compliance with Law — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
FHA Single Family Housing Policy Handbook 4000.1, Part III — a. Servicing in Compliance with Law (04/29/2024)
a. Servicing in Compliance with Law (04/29/2024) i. Definitions The Mortgage Holder (Holder) is the entity who holds title to the FHA-insured HECM and has the right to enforce the mortgage agreement. The Mortgage Servicer (Servicer) refers to the entity responsible for performing servicing actions on FHA-insured HECMs on its own behalf or on behalf of or at the direction of another FHA-approved Mortgagee. ii. Standard Holders must ensure all FHA-insured HECMs are serviced by a Servicer in accordance with FHA requirements and all applicable laws. Servicers must service all FHA-insured HECMs in accordance with FHA requirements and all applicable laws. (A) Laws Applicable to Mortgage Servicing Mortgagees must comply with all laws, rules, and requirements applicable to mortgage servicing, including requirements under the purview of the Consumer Financial Protection Bureau (CFPB), the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA), as may be made applicable to HECMs. FHA requirements that are more stringent or restrictive than those provided for in applicable law are set forth in this Handbook 4000.1 and the Mortgagee must comply with these requirements. (B) Contract Terms The Mortgagee must comply with the HECM contract terms unless doing so would result in violation of a more stringent or restrictive statute. (C) Nondiscrimination Policy Mortgagees must comply with all antidiscrimination laws, rules, and requirements applicable to servicing FHA-insured HECMs, including full compliance with the applicable requirements of: • the Fair Housing Act, 42 U.S.C. §§ 3601–3619; • the Fair Credit Reporting Act, 15 U.S.C. § 1681‒1681x; and • the Equal Credit Opportunity Act (ECOA), 15 U.S.C. §§ 1691‒1691f. The Mortgagee must make a financial assessment in a uniform matter that shall not discriminate due to race, color, religion, sex, national origin, familial status, disability, marital status, source of income of the Borrower, or location of the Property, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act (15 U.S.C. § 1601 et. seq).
Operationalizing FHA Single Family Housing Policy Handbook 4000.1, III. SERVICING AND LOSS MITIGATION > B. Title II Insured Housing Programs Reverse Mortgages > 1. Servicing of FHA-Insured HECMs — a. Servicing in Compliance with Law
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Source of record: https://claudeforcompliance.com/regs/hud-4000-1-iii-a-servicing-in-compliance-with-law/
· register hud-4000-1-iii-a-servicing-in-compliance-with-law · Claude for Compliance. Free to read and download;
see regulatory updates and methodology.