§ 53-244.110. Mortgage servicer duties. - North Carolina Statutes

§ 53‑244.110.  Mortgageservicer duties.

Any mortgage servicer engagedin the mortgage business as defined by G.S. 53‑244.030(11)c., in additionto duties imposed by other statutes or at common law, shall do all of thefollowing:

(1)        Safeguard andaccount for any money handled for the borrower.

(2)        Follow reasonableand lawful instructions from the borrower.

(3)        Act with reasonableskill, care, and diligence.

(4)        File with theCommissioner a complete, current schedule of the ranges of costs and fees itcharges borrowers for its servicing‑related activities with itsapplication and renewal and with its supplemental filings made from time totime.

(5)        File with theCommissioner upon request a report in a form and format acceptable to theCommissioner detailing the servicer's activities in this State, including:

a.         The number ofmortgage loans the servicer is servicing.

b.         The type andcharacteristics of the loans in this State.

c.         The number ofserviced loans in default, along with a breakdown of 30‑, 60‑, and 90‑daydelinquencies.

d.         Information on lossmitigation activities, including details on workout arrangements undertaken.

e.         Information onforeclosures commenced in this State.

(6)        At the time aservicer accepts assignment of servicing rights for a mortgage loan, theservicer shall disclose to the borrower all of the following:

a.         Any notice requiredby RESPA or by regulations promulgated thereunder.

b.         A schedule of theranges and categories of its costs and fees for its servicing‑relatedactivities, which shall comply with North Carolina law and which shall notexceed those reported to the Commissioner.

c.         A notice in a formand content acceptable to the Commissioner that the servicer is licensed by theCommissioner and that complaints about the servicer may be submitted to theCommissioner.

d.         Any notice requiredby Article 2A, 4, or 10 of Chapter 45 of the General Statutes.

(7)        In the event of adelinquency or other act of default on the part of the borrower, the mortgageservicer shall act in good faith to inform the borrower of the facts concerningthe loan and the nature and extent of the delinquency or default and, if theborrower replies, to negotiate with the borrower, subject to the mortgageservicer's duties and obligations under the mortgage servicing contract, ifany, to attempt a resolution or workout to the delinquency.  (2009‑374, s. 2.)