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Litigation exposure under the 2013 Dodd-Frank mortgage servicing regulations (Part 2)

Taking a look at the specific challenges related to Notices of Error Under §1024.35 and requests for information Under §1026.36

Our first column in this series provided an overview of the complex and significant changes to regulation of mortgage servicing that went into effect on Jan. 10, and the consequential litigation exposure the regulations present for servicers. In this month’s column, we take a look at the specific challenges related to notices of error under §1024.35 and requests for information under §1026.36.

As a reminder, both of these apply to “federally related mortgage loans” but do not apply to home-equity lines of credit, reverse mortgages, mortgages not attached to real property, and loans made by a creditor making five or fewer mortgages in a year.

Challenges specific to requests for information

Section 1024.36 establishes few specific limitations on the type of information the borrower can request, as long as it is “with respect to the borrower’s mortgage loan.”

Contributing Author

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David A. Elliott

David A. Elliott is an attorney in Burr & Forman LLP’s Financial Services Litigation Practice Group, which serves as national and regional litigation counsel for...

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Contributing Author

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Nicholas S. Agnello

Nicholas S. Agnello is an attorney in Burr & Forman LLP’s Financial Services Litigation Practice Group, which serves as national and regional litigation counsel for...

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Seth I. Muse

Seth I. Muse is an attorney in Burr & Forman LLP’s Financial Services Litigation Practice Group, which serves as national and regional litigation counsel for...

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