Restitution checks possible for some reverse mortgage borrowers after CFPB action

By Housing News

Reverse
mortgage
borrowers
whose
loans
were
previously
serviced
by


U.S.
Department
of
Housing
and
Urban
Development
 
(HUD)
subcontractor

NOVAD
Management
Consulting
LLC

may
receive
reimbursement
checks
in
the
mail
following
a
2024
enforcement
action
brought
by
the


Consumer
Financial
Protection
Bureau

(CFPB).

The


National
Reverse
Mortgage
Lenders
Association

(NRMLA)
notified
its
members
on
Friday
morning
in
a
memo.
The

CFPB’s
website

states
that
“affected
consumers
are
receiving
a
refund
because
of
a
settlement
in
this
lawsuit”
and
that
as
of
Jan.
30,
victim
compensation
is
ongoing.

In
June
2024,
the
CFPB

issued
an
order

that
permanently
bars
Pittsford,
New
York-based

Sutherland
Global
Services

and
its
subsidiaries,

Sutherland
Government
Solutions
,

Sutherland
Mortgage
Services

and

NOVAD
,
from
servicing
reverse
mortgages.

The
enforcement
action
stemmed
from
what
the
bureau
described
as
illegal
servicing
failures
that
harmed
older
homeowners
and
caused
some
to
fear
losing
their
homes.
NOVAD
held
HUD’s
Home
Equity
Conversion
Mortgage
(HECM)
servicing
contract
for
assigned
loans
from
2014
to
2022,
and
it
worked
with
Sutherland
to
operate
the
servicing
platform.

The
CFPB
said
the
companies
failed
to
maintain
a
proper
amount
of
staffing
to
manage
as
many
as
150,000
borrowers
per
year.
This
reportedly
led
to
widespread
communication
breakdowns,
including
delays
or
non-responses
to
borrower
requests
for
loan
payoff
statements,

foreclosure
alternatives
,
lien
releases
and
general
information.

The
CFPB
said
some
borrowers
were
incorrectly
told
their
loans
were
in
default
or
that
foreclosure
was
imminent,
even
when
no
triggering
event
had
occurred.

Under
federal
law,
mortgage
servicers
are
required
to
respond
to
consumers
in
a
timely
manner,
a
requirement
the
CFPB
said
is
particularly
important
for
reverse
mortgage
borrowers,
who
remain
responsible
for

property
taxes
,
insurance
and
other
obligations.

The
bureau
said
the
companies’
failures
caused
financial
harm
and
emotional
distress,
particularly
among
senior
homeowners.
As
a
result,
the
companies
are
required
to
pay
$11.5
million
in
restitution
to
borrowers
harmed
by
their
servicing
practices.

The
CFPB
has
hired

Rust
Consulting

to
administer
the
restitution
payments
and
respond
to
consumer
inquiries
related
to
the
case.
Neither
the
CFPB
nor
NOVAD
and
Sutherland
Global
responded
to
requests
for
comment
from

HousingWire
‘s
Reverse
Mortgage
Daily.

 

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