Servicing Guide

Published September 9, 2020

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What are the requirements for soliciting a borrower for a post-forbearance disaster payment deferral?

If the servicer is unable to establish QRPC as described in Determining Eligibility for a Disaster Payment Deferral with a borrower on a disaster-related forbearance plan and the borrower is otherwise eligible for a disaster payment deferral, the servicer must send an offer for a disaster payment deferral within 15 days after expiration of the forbearance plan.

The servicer must solicit the borrower using the Payment Deferral Post-Disaster Forbearance Solicitation Cover Letter with the disaster payment deferral agreement or the equivalent, making any appropriate changes to comply with applicable law.

While use of the Payment Deferral Post-Disaster Forbearance Solicitation Cover Letter and disaster payment deferral agreement is optional, they reflect the minimum level of information that the servicer must communicate and illustrate a level of specificity that complies with the requirements of this Guide.

The Payment Deferral Post-Disaster Forbearance Solicitation Cover Letter must include language that additional forbearance may be available if the borrower’s hardship is not resolved, and that a mortgage loan modification may be available if the borrower needs payment relief.

The servicer must include instruction on how to accept the offer in the disaster payment deferral agreement. The servicer is authorized to consider the following as acceptance by the borrower, subject to applicable law:

  • the borrower contacting the servicer directly in accordance with any acceptable outreach and communication method,
  • the borrower returning an executed disaster payment deferral agreement, or
  • any other method evidencing the borrower’s acceptance as determined by the servicer

For more information please see: D2-3.2-06: Disaster Payment Deferral

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