From the CFPB RESPA servicing rules:iii. Note on master/subservicerWhere a loan is subserviced, the master servicer does not lose its small servicer status if it retains a subservicer (see § 1024.31 for the definition of those terms). The subservicer can gain the benefit of the small servicer exemption only if both the master servicer and the subservicer are small servicers. The subservicer generally will not be a small servicer because it does not own and did not originate the loans it subservices—unless it is an affiliate of a master servicer that qualifies as a subservicer. (Comment 41(e)(4)(ii)-3)\.
So question: my bank no longer originates 1st mortgages. It does however, own less than a thousand 1st mortgage loans being serviced for us by a non-affiliate mortgage servicing company who services for many insitutions wells above the 5,000 mark. Can my bank still be considered a small servicer?