Does Notice of Transfer of Servicing apply

Posted By: Denny

Does Notice of Transfer of Servicing apply - 08/09/06 07:51 PM

We are in process of purchasing another financial institution. Once approval has been obtained this financial institution will be "merged" into our Bank. Currently this financial institution services their mortgage loan portfolio. Once the merger takes place, our Bank, which they will then become part of, will service these loans. We are trying to determine if a Notice of Transfer needs to be sent their mortgage clients. RESPA states that transfer of servicing resulting from mergers do not require a Notice of Transfer provided there is no change in the payee, the address to which payment must be delivered, account number or amount of payment due. However since this financial institution will no longer be in existence once the merger takes place, their mortgage clients will have to make their payments payable to and payable at our Bank. We interpret this to mean we would have to provide the Notice, however of course we would prefer not to have to do so. Can someone please confirm our interpretation is correct or provide us some info as to why we wouldn't have to provide a Notice. Thanks in advance for your assistance.