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#2246121 - 12/03/20 04:48 PM PMI Cancellation
Cat Lover Offline
100 Club
Joined: Jun 2016
Posts: 147
What is the responsibility of a servicer if a cancellation of PMI on a borrower that has always paid on time and the cancellation did not happen until borrower called and the loan to value was already down to 62%. Is the servicer force to return the premium paid for the period that borrower was no longer required to carry PMI.

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Mortgage Servicing Rules
#2246124 - 12/03/20 05:08 PM Re: PMI Cancellation Cat Lover
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 46,710
Bloomington, IN
If you failed to properly cancel/terminate the PMI under HOPA then you must refund the unearned premiums. Make sure you review HOPA to understand the difference between the Borrower Cancellation and Automatic Termination timing requirements, especially the 79% and/or 50% automatic termination requirements. If you missed the automatic termination requirements then you will need to refund all the unearned premiums that have been collected.

https://www.law.cornell.edu/uscode/text/12/chapter-49

(f)Return of unearned premiums
(1)In general
Not later than 45 days after the termination or cancellation of a private mortgage insurance requirement under this section, all unearned premiums for private mortgage insurance shall be returned to the mortgagor by the servicer.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#2246125 - 12/03/20 05:13 PM Re: PMI Cancellation Cat Lover
Cat Lover Offline
100 Club
Joined: Jun 2016
Posts: 147
Thank you so much.

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