Is a 90-day extension to initiate foreclosure allowed to comply with CFPB requirements under the Real Estate Settlement Procedures Act (RESPA)?

Yes, HUD provides an automatic 90-day extension to the initiation of foreclosure timeline for those cases in which the Mortgagee needs additional time to comply with the appeals process required by the Consumer Financial Protection Bureau (CFPB).  The 90-day extension begins on the date the Mortgagee denies loss mitigation and sends the borrower the notice required under CFPB regulations.
 
HUD’s guidance on automatic extensions for loss mitigation denials is located in Handbook 4000.1 III.A.2.r.i.(D)(3) available at https://www.hud.gov/program_offices/administration/hudclips/handbooks/hsgh

Additional questions may be directed to the HUD National Servicing Center at (877) 622-8525.

All policy information contained in this knowledge base article is based upon the referenced HUD policy document. Any lending or insuring decisions should adhere to the specific information contained in that underlying policy document.


Topic Number: KA-04350