Yes, originating entity still "owns" loans, purely a servicing relationship, and typically, the mods are being done at the request of the borrower, but are being referred from the servicing entity to the affiliated originating entity for processing and completion.
I understand there may be a fine line as to the "marketing" and exactly what the business is describing to us of what they are intending to do. We do not share nonpublic info to nonaffiliated parties unless qualifying under an exemption in Reg P, if we are truly not marketing and not invoke the affiliate marketing rules from FACTA, is there any other restrictions I am missing here?