FHA Mortgagee Letter 2024-24 — Modernization of Engagement with Borrowers in Default
HUD Mortgagee Letter 2024-24. See obligation entries for operative requirements and verbatim primary-source citations.
Verbatim regulatory text
Verbatim provisions from FHA Mortgagee Letter 2024-24 — Modernization of Engagement with Borrowers in Default — 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.
HUD ML 2024-24 — Alternative Interim Procedures: Early Default Intervention Interview Standard (III.A.2.h.xii(A))
The Mortgagee must have an interview with the Borrower or make a reasonable effort to arrange an interview no later than the 61st Day of delinquency, unless exempt.
HUD ML 2024-24 — Early Default Intervention Interview Required Documentation (III.A.2.h.xii(B))
The Mortgagee must document in the servicing file:
FHA Mortgagee Letter 2024-24 — Modernization of Engagement with Borrowers in Default — Purpose
This Mortgagee Letter (ML) modernizes requirements for a Loss Mitigation Consultation with Borrowers in default. Effective Dates The provisions of this ML must be implemented on January 1, 2025. This ML includes alternative interim procedures for Engaging Borrowers in Default that may be utilized between January 1, 2025, through June 30, 2025. The permanent provisions of this ML will be incorporated into a forthcoming update of the HUD Handbook 4000.1, FHA Single Family Housing Policy Handbook (Handbook 4000.1).
FHA Mortgagee Letter 2024-24 — Modernization of Engagement with Borrowers in Default — Affected Programs
The provisions of this ML apply to all FHA-insured Title II Single Family forward mortgage programs.
FHA Mortgagee Letter 2024-24 — Modernization of Engagement with Borrowers in Default — Background
HUD recognizes that substantial advancements have been made in communication technology, remote communication options have increased, and consumer preferences have shifted to favor greater flexibility and more options for engagement. HUD has reviewed options to leverage these changes to better assist delinquent Borrowers, including delinquent Borrowers with disabilities. On August 2, 2024, HUD published a final rule in the Federal Register (FR) entitled Modernization of Engagement with Mortgagors in Default [available at 89 FR 63082; Docket No. FR-6353-F-02] to modernize 24 CFR § 203.604. The final rule modernizes FHA’s requirements for meeting with delinquent Borrowers by allowing Mortgagees to utilize electronic and other remote communication methods, including telephone calls and video calling services, to meet with Borrowers in default. This rule also expands the meeting requirement to all Borrowers in default, including those who do not reside in the mortgaged Property and Borrowers with a mortgaged Property that is more than 200 miles from the Mortgagee or its branch office. While HUD’s revisions to 24 CFR § 203.604 update the acceptable methods that Mortgagees may use to arrange and meet with Borrowers in default, the purpose of the meeting remains the same. This meeting, known as a Loss Mitigation Consultation, is an opportunity for the Borrower to meet with trained Mortgagee employees who can provide information about FHA’s loss mitigation options and assist the Borrower in bringing the FHA-insured Mortgage current and avoiding foreclosure. By expanding the meeting requirement to all Borrowers in default, more Borrowers will have this opportunity to discuss their hardship and financial circumstances, learn about FHA’s loss mitigation options, and resolve the delinquency. This ML establishes HUD’s policy to align with the regulatory changes and provides further guidance on how to arrange, conduct, and follow up on the Loss Mitigation Consultation to improve Borrower engagement and meeting participation while maintaining consumer protections. These updates will allow Mortgagees to use a wider variety of communication options to schedule and meet at the Borrower’s convenience. This increased flexibility will particularly assist delinquent Borrowers with disabilities, including Borrowers who are immunocompromised, and Borrowers whose work or family obligations may otherwise prevent them from participating in an in- person meeting. Recognizing that some Mortgagees may need additional time to fully implement some of the new requirements of the Modernization of Engagement with Mortgagors in Default final rule, on November 21, 2024, FHA published in the Federal Register the “Modernization of Engagement with Mortgagors in Default: Partial Extension of Compliance Date,” available at FR-6353-N-03, which provides Mortgagees with additional time to comply with the final rule by allowing Mortgagees to continue to rely upon the exceptions to the meeting with the mortgagor requirements where the Borrower does not reside in the mortgaged Property and where the mortgaged Property is not within 200 miles of the Mortgagee, its servicer, or a branch office of either. This ML also provides alternative interim procedures for engaging Borrowers in default. These alternative interim procedures are intended to minimize disruption to Mortgagees by enabling them to maintain existing operations while working towards compliance with the new requirements.
FHA Mortgagee Letter 2024-24 — Modernization of Engagement with Borrowers in Default — Summary of Changes
4 sections · 21,330 characters of verbatim text. Open a section to read it, or . Every section below is in the page source whether open or closed.
§This ML: • provides alternative interim procedures to conduct a…959 ch
This ML: • provides alternative interim procedures to conduct a loss mitigation interview with a Borrower in Default; • updates Prohibited Fees and Charges (III.A.1.f.ii(B)); • updates Collection Communication Timeline – Standard (III.A.2.h.iii(B)); • updates Communication Methods (III.A.2.h.iv); • replaces Face-to-Face Interviews with Loss Mitigation Consultation (III.A.2.h.xii); • renames Section 247 Assignments (III.A.3.c.ii) and updates Standard (III.A.3.c.ii(A)); • updates Insured Mortgages on Indian Land (Section 248 Mortgages) (III.A.3.d); and • updates Submission of Claim Form Parts to HUD for Hawaiian Home Lands Mortgages (IV.A.2.b.i(C)). Alternative Interim Procedures for Engaging Borrowers in Default – Early Default Intervention Mortgagees may utilize these alternative interim procedures, except for Mortgages insured under Section 248, from January 1, 2025, through June 30, 2025. Early Default Intervention (III.A.2.h) xii. Interviews
AStandard The Mortgagee must have an interview with the Borrower…2,215 ch
(A) Standard The Mortgagee must have an interview with the…439 ch
(A) Standard The Mortgagee must have an interview with the Borrower or make a reasonable effort to arrange an interview no later than the 61st Day of delinquency, unless exempt. The Mortgagee may conduct the interview face-to-face or using alternative communication methods, such as phone interviews, email, video calling services (e.g., Skype, Zoom, Webex, Microsoft Teams, FaceTime, GoTo Meeting), or other conferencing technology, etc.
1Meeting Not Required The Mortgagee is not required to conduct an…531 ch
(1) Meeting Not Required The Mortgagee is not required to conduct an interview if: • the Borrower does not live in the mortgaged Property; • the holding Mortgagee, servicing Mortgagee, or branch office of either is not located within 200 miles of the mortgaged Property; • the Borrower has clearly indicated that they will not cooperate with an interview; • the Borrower’s payment is current due to an agreed-upon repayment plan or Forbearance Plan; or • a reasonable effort to arrange a meeting with the Borrower is unsuccessful.
2Reasonable Effort in Arranging an Interview The Mortgagee must…735 ch
(2) Reasonable Effort in Arranging an Interview The Mortgagee must send to the Borrower via certificate of mailing or certified mail a letter providing information on: • the availability of interviews; and • how to schedule the interview. The Mortgagee must also attempt to contact the Borrower at the mortgaged Property to provide information on the availability of an interview or may use alternative methods, e.g., phone interviews, email, video calling services (e.g., Skype, Zoom, Webex, Microsoft Teams, FaceTime, GoTo Meeting), or other conferencing technology, etc. The Mortgagee may use a third-party vendor to establish this contact with the Borrower and to schedule the Borrower’s interview with a Mortgagee representative.
3Mortgagee Representative Authority [Text was deleted in this…510 ch
(3) Mortgagee Representative Authority [Text was deleted in this section.] The Mortgagee must ensure that the employee representing the Mortgagee at interviews has the authority to propose and accept reasonable repayment plans. Where a Mortgagee’s representative exceeds their authority by agreeing to a repayment plan at the time of the interview, the Mortgagee must still accept the repayment plan agreed to by its representative, without regard as to whether the representative overstepped their authority.
BRequired Documentation The Mortgagee must document in the…13,689 ch
(B) Required Documentation The Mortgagee must document in the…568 ch
(B) Required Documentation The Mortgagee must document in the servicing file: • the reason the meeting is not required, if exempt; • the dates and methods of its attempts at arranging an interview; and • the date of its interview with the Borrower. Alternative Interim Procedures for Engaging Borrowers in Default – Section 247 Assignments Mortgagees may utilize these alternative interim procedures, for Assignment of Section 247 Assignments – Standard (III.A.3.c.ii(A from January 1, 2025, through June 30, 2025. Assignment of Section 247 Assignments (III.A.3.c.ii)
AStandard [Text was deleted in this section.] The Mortgagee may…981 ch
(A) Standard [Text was deleted in this section.] The Mortgagee may assign the Delinquent insured Mortgage and Note to HUD if all of the following conditions are met: • the Mortgage has been in Default for 180 Days or more; • when the Mortgage is 90 Days Delinquent, the Mortgagee has notified DHHL of the Default in writing; • the Mortgagee has attempted an interview with the Borrower at least 30 Days before the application for assignment is submitted, unless exempt; and • the Mortgagee has evaluated the Borrower for loss mitigation in accordance with HUD guidance. The Mortgagee must not foreclose on or approve a Pre-Foreclosure Sale (PFS) or Deed-in-Lieu (DIL) transaction on Section 247 Mortgages; the only disposition option available to the Mortgagee is assignment. FHA Single Family Housing Policy Handbook 4000.1 Servicing and Loss Mitigation The policy changes will be incorporated into Handbook 4000.1 as follows: Servicing Fees and Charges – Standard (III.A.1.f.ii)
BProhibited Fees and Charges The Mortgagee must not charge the…12,140 ch
(B) Prohibited Fees and Charges The Mortgagee must not charge the…2,707 ch
(B) Prohibited Fees and Charges The Mortgagee must not charge the Borrower for the following services: • costs of telephone calls, certified mail, arranging and conducting the Loss Mitigation Consultation, or other activities that are normally considered a part of a prudent Mortgagee’s servicing activity; • preparing and providing evidence of Payoff, Reconveyance, or termination of the Mortgage; • providing information essential to the Payoff; • recording the Payoff of the Mortgage in states where recordation is the responsibility of the Mortgagee; • fees for services performed by attorneys or trustees who are salaried members of the Mortgagee’s staff; or • Mortgagee’s use of an independent contractor, such as services related to the Loss Mitigation Consultation or a tax service, to furnish tax data and information necessary to pay property taxes or make the payments on behalf of the Mortgagee. Collection Communication Timeline (III.A.2.h.iii) (B) Standard The Mortgagee must perform in a timely manner the servicing actions set forth in the following Collection Communication Timeline. Day Mortgagee Action Payment due date; no action required until the Mortgage becomes Delinquent. The Mortgagee must begin attempts to contact Borrowers with a Delinquent Mortgage at risk of Early Payment Default or Re- Default in accordance with Specialized Collection Techniques for Early Payment Defaults and Re-Defaults (III.A.2.h.v). The Mortgagee must begin attempts to contact Borrowers with a Delinquent Mortgage in accordance with Contact Efforts for Delinquent Borrowers (III.A.2.h.vi). The Mortgagee must report the delinquency to HUD (III.A.2.h.vii) via SFDMS. The Mortgagee must send the following: • Notice of Homeownership Counseling Availability (III.A.2.h.ix(A)(1)); • Servicemembers Civil Relief Act (SCRA) Notice Disclosure (III.A.2.h.ix(A)(2)) (form HUD-92070); • Delinquency Notice Cover Letter (III.A.2.h.x(A)(1)); and • Save Your Home: Tips to Avoid Foreclosure (form HUD- 2008-5-FHA). The Mortgagee should begin analysis to identify appropriate loss mitigation options, if any. If unable to reach the Borrower(s), the Mortgagee must perform an Occupancy Inspection (III.A.2.h.xi). The Mortgagee must conduct or make a Reasonable Effort to arrange the Loss Mitigation Consultation with the Borrower no later than this date. The Mortgagee must report the appropriate Default Reason Code (III.A.2.h.xiii) for the Default in SFDMS. The Mortgagee must have evaluated all loss mitigation options to determine whether any are appropriate. The Mortgagee must reevaluate the Borrower for loss mitigation each month thereafter. Early Default Intervention (III.A.2.h) iv. Communication Methods
ASelecting Best Method of Communication The Mortgagee must use the…644 ch
(A) Selecting Best Method of Communication The Mortgagee must use the method or methods of communication most likely to receive a response from each Borrower and consider the Borrower’s expressed preference for using certain methods of communication. The Mortgagee must effectively communicate with persons with hearing, visual, and other communications-related disabilities, including the use of auxiliary aids and services in accessible formats, and must take reasonable steps to provide meaningful access to persons with Limited English Proficiency (LEP), such as providing oral interpretation and/or written translation of vital documents.
BMethods of Communication The Mortgagee may use mail, certified…8,789 ch
(B) Methods of Communication The Mortgagee may use mail, certified mail, in person, any acceptable method of electronic communication, or telephone contact attempts to establish contact with the Borrower. Acceptable methods of electronic communication that Mortgagees may use to contact the Borrower include: • Voice over Internet Protocol (VoIP) or other technology that allows voice calls; • interactive virtual communication methods; • email; • text messages; • secure web portals (such as online account management tools accessible by Borrowers); and • other reliable communication methods through which the Mortgagee has been able to effectively communicate with Borrowers in the past. The Mortgagee must ensure that their electronic signature technology complies with all requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act, 15 U.S.C. § 7001 et seq. The Mortgagee must include within the electronic communication the Mortgagee’s email address, telephone number, and/or website address. Early Default Intervention (III.A.2.h) xii. Loss Mitigation Consultation (A) Definitions The Loss Mitigation Consultation is a meeting that provides a delinquent Borrower the opportunity to meet with the Mortgagee to discuss their hardship, financial circumstances, the loss mitigation options available, and, when possible, to be evaluated for these options. A Verifiable Attempt is a solicitation that includes the information needed for a Borrower to arrange a Loss Mitigation Consultation where either the date the communication was sent or the date of delivery is documented by the Mortgagee. A Reasonable Effort consists of, at a minimum, two Verifiable Attempts to arrange the Loss Mitigation Consultation. (B) Standard The Mortgagee must conduct one Loss Mitigation Consultation with the Delinquent Borrower for each Default episode. The Mortgagee may use the following methods to conduct the Loss Mitigation Consultation: • in person; • telephone, VoIP, or other technology that allows voice calls; • interactive virtual communication methods; • video conference technology platforms; and • teleconference, virtual meeting, or a video conference hosted at a local Mortgagee branch, housing counselor’s office, or alternate location. The Mortgagee is not required to conduct a Loss Mitigation Consultation if: • the Borrower has communicated that they will not cooperate in a Loss Mitigation Consultation; • the required Reasonable Effort to arrange a Loss Mitigation Consultation was unsuccessful; or • the Borrower is on a repayment plan or TPP that provides specific terms to bring the Mortgage current and is meeting the terms of the plan. Forbearances do not meet this requirement. (1) When to Conduct the Loss Mitigation Consultation The Mortgagee must conduct, or make a Reasonable Effort to arrange, the Loss Mitigation Consultation: • before three full monthly installments are due and unpaid on the Mortgage (61 Days Delinquent); or • if a Borrower is on a repayment plan or TPP, no later than 30 Days after the date the Borrower fails to make a payment on the repayment plan or TPP. If the Mortgagee’s attempt to arrange the Loss Mitigation Consultation was not successful, the Mortgagee must make two additional Verifiable Attempts: • at least 30 Days prior to the first legal action to initiate foreclosure; or • at least 30 Days prior to requesting assignment for Mortgages insured on Hawaiian Home Lands. (2) Reasonable Effort to Arrange the Loss Mitigation Consultation The Mortgagee must make a Reasonable Effort to arrange the Loss Mitigation Consultation with the Borrower using methods described in Communication Methods. Telephone attempts that do not result in live contact with the Borrower do not meet this requirement. The Mortgagee must not include Verifiable Attempts to arrange the Loss Mitigation Consultation in any other communication applicable to mortgage servicing, unless required by law, except that one Verifiable Attempt may be included as part of, incorporated into, or as a separate document with, the Delinquency Notice Cover Letter (III.A.2.h.x(A)(1)) or a written early intervention notice required by the CFPB. The Mortgagee must send the first Verifiable Attempt by mail that utilizes a certificate of mailing or is evidenced by a tracking number. The Mortgagee may elect to substitute the first Verifiable Attempt by mail with an in-person attempt for Owner Occupant Borrowers. For subsequent Verifiable Attempts, the Mortgagee may use any of the methods as described in Communication Methods. When the Mortgagee is required to make additional Verifiable Attempts at least 30 Days prior to the first legal action to initiate foreclosure or requesting assignment, the first of the additional two Verifiable Attempts must be sent by mail. (3) Information Required in Verifiable Attempts The Mortgagee must ensure all Verifiable Attempts provide the following, at minimum: • the purpose of the Loss Mitigation Consultation; • at least two available methods the Mortgagee is offering to conduct the Loss Mitigation Consultation; • instructions that describe how to schedule the Loss Mitigation Consultation and select the Borrower’s preferred method; • the days and hours the Mortgagee is available to schedule and conduct the Loss Mitigation Consultation, including at least four hours per week when the Mortgagee will be available outside of the business hours of 9 a.m. - 5 p.m., in the Borrower’s time zone. For Borrowers in Alaska, Hawaii, Guam, American Samoa, and the Northern Mariana Islands, the Mortgagee may use the Pacific Time Zone as the Borrower’s time zone; • if applicable, a list of information or documentation the Mortgagee needs to evaluate the Borrower for loss mitigation; • contact information for the Mortgagee’s loss mitigation and/or customer assistance personnel to include, at minimum, a toll-free telephone number; • information about the availability of language access services offered by the Mortgagee for Borrowers with LEP (this information must be provided, at a minimum, in Spanish and must include an advisement to seek translation or other language assistance); • information on how to locate a HUD-approved Housing Counselor online or by calling HUD’s interactive voice system at (800) 569-4287 or (202) 708-1455 for Text Telephone (TTY); and • notice that the Borrower may invite a housing counselor or other third party to the Loss Mitigation Consultation. (4) Conducting the Loss Mitigation Consultation The Mortgagee must ensure that employees who conduct the Loss Mitigation Consultation are trained in FHA loss mitigation in accordance with the requirements in Staffing (I.A.6.i) and have the authority to evaluate and offer any loss mitigation option to eligible Borrowers, when possible. Mortgagees are not permitted to use any form of artificial intelligence, machine learning technology, or chatbots to conduct Loss Mitigation Consultations. During the Loss Mitigation Consultation, the Mortgagee must: • discuss the Borrower’s hardship; • explain the loss mitigation options available; • evaluate the Borrower for these options, when possible; • if applicable, request the information or documentation needed to complete the loss mitigation analysis; and • advise the Borrower that a notice will be provided in writing within five Days of the Loss Mitigation Consultation regarding next steps. (5) Notice to Borrower Upon Completion of the Loss Mitigation Consultation The Mortgagee must provide the following to the Borrower in writing no later than five Days from the date the Loss Mitigation Consultation is conducted: • the date the Loss Mitigation Consultation was conducted; • the loss mitigation option(s) discussed or offered to the Borrower; • if applicable, a list of information or documentation the Mortgagee needs to complete the loss mitigation analysis; • a reminder that if the Borrower’s financial situation changes at any point, the Borrower should contact the Mortgagee; • contact information for the Mortgagee’s loss mitigation and/or customer assistance personnel to include, at minimum, a toll-free telephone number; and • information on how to locate a HUD-approved Housing Counselor online or by calling HUD’s interactive voice system at (800) 569-4287 or (202) 708-1455 for TTY. (6) Exception for Borrowers in Bankruptcy The Mortgagee must attempt to arrange or conduct the Loss Mitigation Consultation in accordance with Loss Mitigation During Bankruptcy Proceedings (III.A.2.i.viii). The Mortgagee is not required to conduct or make a Reasonable Effort to arrange the Loss Mitigation Consultation if the Borrower has filed for bankruptcy and, in the opinion of the Mortgagee’s legal counsel, it would be a violation of bankruptcy law.
CRequired Documentation Mortgagees must document the following in…4,467 ch
(C) Required Documentation Mortgagees must document the following…1,384 ch
(C) Required Documentation Mortgagees must document the following in the Servicing File, as applicable: • the dates and methods used to make a Reasonable Effort to arrange the Loss Mitigation Consultation; • the date the Loss Mitigation Consultation was conducted or the reason a Loss Mitigation Consultation was not conducted or required; • the method of communication used to conduct the Loss Mitigation Consultation, if applicable; and • a copy of the notice sent to the Borrower upon the completion of the Loss Mitigation Consultation, if applicable. Section 247 Assignments (III.A.3.c.ii) (A) Standard The Mortgagee may assign the Delinquent insured Mortgage and Note to HUD if all of the following conditions are met: • the Mortgage has been in Default for 180 Days or more; • when the Mortgage is 90 Days Delinquent, the Mortgagee has notified DHHL of the Default in writing; • the Mortgagee has conducted or made a Reasonable Effort to arrange the Loss Mitigation Consultation; and • the Mortgagee has evaluated the Borrower for loss mitigation in accordance with HUD guidance. The Mortgagee must not foreclose on or approve a Pre-Foreclosure Sale (PFS) or Deed-in-Lieu (DIL) transaction on Section 247 Mortgages; the only disposition option available to the Mortgagee is assignment. Programs and Products (III.A.3) d. Insured Mortgages on Indian Land (Section 248 Mortgages)
iFace-to-Face Interviews The Mortgagee must have a face-to-face…1,335 ch
i. Face-to-Face Interviews The Mortgagee must have a face-to-face interview with the Borrower or make a reasonable effort to arrange a face-to-face interview no later than the 61st Day of delinquency. (A) Face-to-Face Meetings Not Required The Mortgagee is not required to conduct a face-to-face interview if: • the Borrower has clearly indicated that they will not cooperate with a face-to-face interview; or • the Borrower’s payment is current due to an agreed-upon repayment plan or Forbearance Plan; and • a reasonable effort to arrange a meeting with the Borrower is unsuccessful. (B) Arranging a Face-to-Face Interview (1) Standard To arrange the face-to-face interview, the Mortgagee must: • make at least one telephone call to the Borrower; • send one letter certified by the U.S. Postal Service as having been dispatched; and • make one trip to visit the Borrower at the mortgaged Property. The Mortgagee must provide the following in each attempt to arrange the face-to-face interview: • the availability of face-to-face interviews; and • how to schedule the interview. (2) Required Documentation The Mortgagee must document in its Servicing File all attempts in contacting the Borrower to arrange a face-to-face interview, information about the interview, and any decisions or follow-up needed as a result of the interview.
iiInformation Provided to the Borrower (A) Standard The Mortgagee…1,748 ch
ii. Information Provided to the Borrower (A) Standard The Mortgagee must inform the Borrower of the following: • that information regarding the status and payment history of the Borrower’s Mortgage may be made available to credit bureaus and prospective creditors; • other available mortgage assistance, if any; and • contact information for the FHA Resource Center (1-800- CALLFHA (1-800-225-5342) and [email protected]) and that the FHA Resource Center is prepared to accept calls from persons who are deaf or hard of hearing, as well as individuals with speech or communication disabilities. (B) Required Documentation The Mortgagee must note in its Servicing File when and how the Borrower was informed of the information above. FHA Single Family Housing Policy Handbook 4000.1 Claims and Disposition Hawaiian Home Lands Mortgages (Section 247 Mortgages) Claims (IV.A.2.b.i) (C) Submission of Claim Form Parts to HUD for Hawaiian Home Lands Mortgages The Mortgagee may only file a claim after: • the Mortgagee has notified the Department of Hawaiian Home Lands (DHHL) of the Borrower’s Default by letter by the 90th Day of Delinquency; • the Borrower’s Default has remained uncured for 180 Days; • the Mortgagee has met all regulatory program requirements, including the Loss Mitigation Consultation and required loss mitigation evaluation; and • HUD has issued the assignment acceptance letter to the Mortgagee via P260. The Mortgagee must submit form HUD-27011 to HUD via EDI or FHA Catalyst. For EDI submissions, the Mortgagee must submit Parts A and B simultaneously. For FHA Catalyst submissions, the Mortgagee must submit Parts A, B, C, D, and E. The Mortgagee must retain copies of all Parts of the form HUD-27011 in the Claim Review File.
Operationalizing FHA Mortgagee Letter 2024-24 — Modernization of Engagement with Borrowers in Default
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