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Appendix MS-4—Model Clauses for the Written Early Intervention Notice

MS-4(A)—Statement Encouraging the Borrower to Contact the Servicer and Additional Information About Loss Mitigation Options (§ 1024.39(b)(2)(i), (ii) and (iv))

 

Call us today to learn more about your options and instructions for how to apply. [The longer you wait, or the further you fall behind on your payments, the harder it will be to find a solution.]

[Servicer Name]
[Servicer Address]
[Servicer Telephone Number]
[For more information, visit [Servicer Website] [and][or] [Email Address]].


MS-4(B)—Available Loss Mitigation Options (§ 1024.39(b)(2)(iii))

 

[If you need help, the following options may be possible (most are subject to lender approval):]

  • [Refinance your loan with us or another lender;]
     
  • [Modify your loan terms with us;]
     
  • [Payment forbearance temporarily gives you more time to pay your monthly payment;] [or]
     
  • [If you are not able to continue paying your mortgage, your best option may be to find more affordable housing. As an alternative to foreclosure, you may be able to sell your home and use the proceeds to pay off your current loan.]

MS-4(C)—Housing Counselors (§ 1024.39(b)(2)(v))

 

For help exploring your options, the Federal government provides contact information for housing counselors, which you can access by contacting [the Consumer Financial Protection Bureau at [Bureau Housing Counselor List Website]] [the Department of Housing and Urban Development at [HUD Housing Counselor List Website]] or by calling [HUD Housing Counselor List Telephone Number].


Editor's Note: Effective October 19, 2017, MS-4(D) is added to read:

MS–4(D)—WRITTEN EARLY INTERVENTION NOTICE FOR SERVICERS SUBJECT TO FDCPA (§ 1024.39(D)(2)(III))

This is a legally required notice. We are sending this notice to you because you are behind on your mortgage payment. We want to notify you of possible ways to avoid losing your home. We have a right to invoke foreclosure based on the terms of your mortgage contract. Please read this letter carefully.

 

Official Interpretation

Appendix MS-4—Model Clauses for the Written Early Intervention Notice

1. Model MS-4(A). These model clauses illustrate how a servicer may provide its contact information, how a servicer may request that the borrower contact the servicer, and how the servicer may inform the borrower how to obtain additional information about loss mitigation options, as required by § 1024.39(b)(2)(i), (ii), and (iv).

2. Model MS-4(B). These model clauses illustrate how the servicer may inform the borrower of loss mitigation options that may be available, as required by § 1024.39(b)(2)(iii), if applicable. A servicer may include clauses describing particular loss mitigation options to the extent such options are available. Model MS-4(B) does not contain sample clauses for all loss mitigation options that may be available. The language in the model clauses contained in square brackets is optional; a servicer may comply with the disclosure requirements of § 1024.39(b)(2)(iii) by using language substantially similar to the language in the model clauses, providing additional detail about the options, or by adding or substituting applicable loss mitigation options for options not represented in these model clauses, provided the information disclosed is accurate and clear and conspicuous.

3. Model MS-4(C). These model clauses illustrate how a servicer may provide contact information for housing counselors, as required by § 1024.39(b)(2)(v). A servicer may, at its option, provide the website and telephone number for either the Bureau’s or the Department of Housing and Urban Development’s housing counselors list, as provided by paragraphs § 1024.39(b)(2)(v).

 

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