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#1500900 - 01/26/11 10:06 PM Re: Servicemember notice - correct language. Andy_Z
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Between the lines
Done and sent to the printer, thanks Andy.
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Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#1500970 - 01/26/11 11:46 PM Re: Servicemember notice - correct language. SMQ, CRCM
JoeCompliance
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Does this notice get sent out on all Real Estate Loans or only 1-4 family homes? What about commercial RE of service members?

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#1501002 - 01/27/11 05:13 AM Re: Servicemember notice - correct language. Andy_Z
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Has it always been a requirement to send this to all delinquent mortgage borrowers even those not in the military?

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#1501314 - 01/27/11 07:05 PM Re: Servicemember notice - correct language. Bville
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Ditto Bville's question. When did this come about, and please don't tell me decades ago! Forever, we've been sending the Homeownership Counseling Notification, which was a generic mention of homeownership counseling on our delinquent, single family, residential dwelling secured past-due letters, with HUD's toll free telephone number (1-800-569-4287). Four years ago this month, we added a second sentence and a different toll free number (1-800-342-9647) for our military servicemembers and dependents.
What have I missed? Are we supposed to be sending the form HUD-92070 to ALL past due mortgage borrowers, regardless of any military affiliation, even though that form is strictly worded for the military?
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#1501400 - 01/27/11 08:27 PM Re: Servicemember notice - correct language. Bville
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Originally Posted By: Bville
Has it always been a requirement to send this to all delinquent mortgage borrowers even those not in the military?


You send it to all borrowers with loans secured by their principal residence because you will not know who all may be a servicemember or a dependants of servicemembers.

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#1501459 - 01/27/11 09:32 PM Re: Servicemember notice - correct language. Andy_Z
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At my previous employer, in addition to sending the notice if loan was delinquent, we sent in origination package to make sure borrower was aware. Does anyone else do this? Thanks!

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#1501474 - 01/27/11 09:50 PM Re: Servicemember notice - correct language. Bama Blondie
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Does anyone know if this notice has to be in this exact format? We have the language on a notice in our system, but I don't think it's in that format when it prints out.
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#1501494 - 01/27/11 09:59 PM Re: Servicemember notice - correct language. Deena
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Is this effective immediately?
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#1501554 - 01/27/11 10:47 PM Re: Servicemember notice - correct language. Tesla
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I don't find a press release or other information on it, but I believe it should be used immediately.

I don't know if vatiations on format are allowed or not. My guess is you must communicate this information and it should be clear and conspicuous.
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#1501600 - 01/27/11 11:57 PM Re: Servicemember notice - correct language. duplextx
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Here's a 2006 mortgagee letter from HUD about the SCRA notice. It said it had to be given out for conventional loans and not just FHA loans. http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/files/06-28ML.doc This might give you some historical information about the requirement to provide the notice.
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#1501637 - 01/28/11 01:00 PM Re: Servicemember notice - correct language. Andy_Z
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Originally Posted By: Andy Z
I don't know if vatiations on format are allowed or not. My guess is you must communicate this information and it should be clear and conspicuous.

Thanks, Andy. Our notice has the exact verbiage, but the format is not exactly the same. It's been reviewed by examiners in the past with no problem, but we all know what that's worth in the long run.
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#1501657 - 01/28/11 01:48 PM Re: Servicemember notice - correct language. NotDoneYet
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Originally Posted By: jcaldwell
I just came across an updated version under HUD and it appears to have the correct language, except the one-yr period doesn't specify mortgage related loans.

http://www.hud.gov/offices/adm/hudclips/forms/files/92070.pdf


Just trying to get this straight. Even though the HUD form does not specify, the one year extension of the 6% rate only applies to mortgages , correct? Can we add language specifying that? Or would we be risking safe harbor?
Also, do we need to leave the headings as they are at the top? Or can we re-name and add out bank logo?

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#1501673 - 01/28/11 02:01 PM Re: Servicemember notice - correct language. upstateNY
Dan Persfull Offline
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Upstate, this notice is only required for loans secured by a residential mortgage and HUD is assuming the notice is not sent to anyone else so they presumed referencing RE loan was not necessary.

But we all know in everyday life someone is going to say well we got this letter and it said that. We left the RE reference in our version.
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#1501684 - 01/28/11 02:18 PM Re: Servicemember notice - correct language. Dan Persfull
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Thanks, that's my fear too. Even from a training standpoint, it's confusing. I'm going to put the reference to residential mortgages in to avoid this.

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#1501992 - 01/28/11 05:47 PM Re: Servicemember notice - correct language. upstateNY
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Other than the dates, what actual changes to the form have been made?
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#1502542 - 01/31/11 02:26 PM Re: Servicemember notice - correct language. Burgess
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Going back to a previous question asked. Does this only apply to a consumer closed-end loan secured by the primary residence? Should the notice be given in the instance of a business loan secured by a guarantor's primary residence, or for a business loan secured by a residence to be used for investment purposes? The information just states residential mortgage.

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#1502617 - 01/31/11 04:00 PM Re: Servicemember notice - correct language. Andy_Z
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Date in the lower right corner on the Word version looks like 2022. Typo?

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#1503289 - 02/01/11 04:07 PM Re: Servicemember notice - correct language. KMK
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That was a typo. It's being corrected.
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#1506602 - 02/08/11 04:26 PM Re: Servicemember notice - correct language. John Burnett
JoeCompliance
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The notice is in need of one more correction... and please do not hate me for typing this because I am well aware that what I am about to write makes no sense.
This was passed on to me by our FDIC examiner (here last week), AND I verified it with Military One.

Military One's Outside the US dialing instructions/# shoud be changed from
1-800-342-9647
to
1-800-3429-6477

I have never seen a number like that, and yes I have lived outside the US before. Go America (despite its growing bureaucracy)

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#1506810 - 02/08/11 08:09 PM Re: Servicemember notice - correct language. CarolinaComplian
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Originally Posted By: cbp0419
Going back to a previous question asked. Does this only apply to a consumer closed-end loan secured by the primary residence? Should the notice be given in the instance of a business loan secured by a guarantor's primary residence, or for a business loan secured by a residence to be used for investment purposes? The information just states residential mortgage.


I am wondering the same thing. Does anyone have any guidance?

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#1506844 - 02/08/11 08:34 PM Re: Servicemember notice - correct language. Andy_Z
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In the fourth section, I will add the name and address of our bank. They also list contact information, but it does not make sense for them to provide a written request by phone. Do you add your website?

We have to manually type this notice so it prints on the back of our notices. Do we need the OMB, expiration date, HUD form number and revision date?

Is there any type of grace period or do we need to send new notices to the customers who received the new notice since these changes were signed into law? Since the new form came out?

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#1509506 - 02/12/11 06:29 AM Re: Servicemember notice - correct language. ksm
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HUD called me back and the OMB info, as an example, is a part of what's new. I believe it should be included. They offered no real information on when it was to be used, but I would change out my old notices ASAP.

Joe - where did you get the new number for outside the US? I might add it, but I'd be hesitant to replace it simply because it varies from the prescribed notice. There might be a plan to add that number that was published.
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#1509692 - 02/14/11 03:43 PM Re: Servicemember notice - correct language. Andy_Z
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Not sure if it's been corrected but if I recall correctly when these notices first came out the 1-800-3429-6477 phone number (or one of them) connected you to a very "friendly" operator.
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#1509938 - 02/14/11 08:14 PM Re: Servicemember notice - correct language. Dan Persfull
JoeCompliance
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I was given this number by our examiners last week. They told me HUD got it wrong. I did not believe that the number that they gave was actually a phone number. So, in addition, I double checked with Military One (the people that the number is for). The lady at Military One was herself suprised, but she said that the number with the extra 7 is the number to call when calling from overseas.

In terms of the "friendly" call, the FDIC examiner said that the "friendly" ladies were who you reached if you did not add the extra 7.

-Just doin what I am told

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#1510229 - 02/15/11 03:59 PM Re: Servicemember notice - correct language.
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Don't you love it when the examiner contradicts the prescribed form. Srt of puts you between a rock and a hard place.

FWIW I am trying to do some verifications with HUD on this.
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