Many of the current forbearance programs were set up in the CARES Act last year and apply to federally-backed loans offered through agencies including Fannie Mae, Freddie Mac, the Federal Housing Administration and the Department of Housing and Urban Development. "A measured return to foreclosures will allow those families who can resume making payments to do so without being caught up in an unthinking rush to foreclosure," Uejio says.
"Let me be clear: our final rule does not impose a foreclosure moratorium," CFPB Acting Director Dave Uejio said on a call Monday.įoreclosures will be able to resume after the federal foreclosure mortarium ends and will likely start with abandoned homes and mortgages that were already 120 days behind on their payments as of March 1, 2020. These new safeguards, which are designed to take place before foreclosure proceedings start, will be in effect from Augto Januand are in addition to existing rules that bar loan servicers from starting the foreclosure process until a homeowner is more than 120 days delinquent on their home loan.Īs long as loan servicers follow these new protocols, the CFPB's rule will not block servicers from starting the foreclosure process. If the homeowner is more than four months behind on their rent and unresponsive for more than 90 days, then the process can move forward.įor those who are behind on their mortgage, the CFPB stipulates that loan servicers need to give homeowners at least three options to avoid losing their home: resume regular payments and move any missed or suspended payments to the end of the mortgage, modify the loan's length or interest rate or sell the home. Loan servicers need to make reasonable effort to reach borrowers before starting any foreclosure proceedings.Loan servicers need to confirm that a property is abandoned under local and state laws before starting foreclosure proceedings.If borrowers are still unable to make payments after exhausting the foreclosure avoidance options, the foreclosure process will be able to proceed. Before any foreclosure can start, a loss mitigation application must be completed and submitted by the borrower and thoroughly reviewed by the loan servicer.The CFPB will put the following protections into place for borrowers who are more than 120 days behind on their mortgage payments to ensure that they have the opportunity and the time to avoid foreclosure: