2923.6(g) obviates a mortgage servicer’s duty to make a “written determination”

10 Feb

debt-colletors-crossing-the-line

 

This is the first case I’ve seen that states this so clearly.Norris v Bayview Loan Servicing (CD Cal Jan 25 2016)

it is far from clear section 2923.6(g) obviates a mortgage servicer’s duty
to make a “written determination” of repeated loan modification applications. True
enough, the mortgage servicer need not “evaluate” such applications, but it still must,
according to the plain words of section 2923.6(c), inform the borrower of that decision.
Otherwise, the borrower would not know when to appeal the denial of his request and
when to argue that “there has been a material change in the borrower’s financial
circumstances since the borrower’s [first] application”—an explicit exception to the
general rule of section 2923.6(g). Defendants present no authority whatsoever
supporting their contrary interpretation of the statutory language.

 

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