The servicer must instruct the law firm to postpone the foreclosure sale if certification cannot be provided prior to the foreclosure sale date.
The servicer must work with the law firm to develop a process for receipt of the certification to prevent unnecessary delays. Delays in the foreclosure proceeding timelines resulting from cancellation of the foreclosure sale or from the servicer’s failure to provide timely certification to the law firm will subject the servicer to compensatory fees. See A1-4.2-02, Compensatory Fees for Delays in the Liquidation Process for additional information.
For more information please see: E-3.3-02: Certifying the Status of Workout Negotiations Prior to Foreclosure Sale