Minnesota Attorney General's Office
1400 Bremer Tower
445 Minnesota Street
St. Paul, MN 55101
M - F 8 am - 5 pm
How to Report a violation of the Servicing Standards in the National Mortgage Settlement
This Office, other states, the federal government, and the nation’s five largest banks (Ally/GMAC, Bank of America, Chase, Citi, and Wells Fargo) (the “Banks”) entered a national mortgage settlement regarding the Banks’ mortgage servicing practices. Part of the settlement requires the Banks to follow new Servicing Standards relating to how they treat borrowers who are in default or at risk of default.
If you think one of the Banks violated a Servicing Standard, PLEASE LET US KNOW. You may report a potential violation of the Servicing Standards by completing a Consumer Report form by clicking HERE. Be sure to provide us any documents that establish or demonstrate the violation.
In addition, a monitor, Joseph Smith, has been appointed by the national mortgage settlement monitoring committee to monitor violations of the settlement; accordingly, WE STRONGLY RECOMMEND THAT YOU DIRECTLY REPORT ANY COMPLIANCE VIOLATIONS TO THE MONITOR, AS FOLLOWS:
Here are some examples of the rules these five banks have to follow:
- The bank told the borrower that the borrower should default in order to get help with their mortgage;
- The bank didn’t acknowledge it received the borrower’s first-lien loan modification documents within 3 business days;
- The bank didn’t tell the borrower that the modification application was deficient or that the application was missing documents within 5 business days;
- The bank didn’t make a decision on the borrower’s application within 30 days of the completed application;
- The bank foreclosed even though the borrower was in compliance with a trial loan modification, forbearance, or repayment plan;
- The bank foreclosed even though a short sale or deed-in-lieu of foreclosure was approved by all parties and proof of financing was provided to the bank;
- The bank did not provide an easily accessible and reliable single point of contact;
- The bank charged an unreasonable fee or a fee that was not authorized or was for work that was not done;
- The bank charged for force placed insurance and didn’t have a reasonable basis to believe the borrower didn’t have insurance;
- The bank charged a commercially unreasonable price for a force placed insurance policy.
To see all of the Servicing Standards, go to www.nationalmortgagesettlement.com (follow the link to “Settlement Documents”). The Servicing Standards are found in Exhibit A to each Consent Judgment, and they are the same for each settling bank.