Independent Foreclosure Review
Federal Bank regulators (OCC, OTS, Dept. of Treasury, and/or Board of Governors of Financial Reserve) have required an Independent Foreclosure Review to provide current and previous homeowners with the opportunity to identify financial injury due to errors, misrepresentations or other deficiencies in their foreclosure process. If the review finds that financial injury occurred, the customer may receive compensation or other remedy.
For a current or previous homeowner to be eligible for an Independent Foreclosure Review your mortgage loan would need to meet the initial eligibility criteria:
- Your mortgage loan was serviced by one of the participating mortgage servicers (including America's Servicing Co., Aurora Loan Services, Bank of America, Beneficial, Chase, Citibank, CitiFinancial, CitiMortgage, Countrywide, EMC, EverBank/EverHome Mortgage Company, GMAC Mortgage, HFC, HSBC, IndyMac Mortgage Services, MetLife Bank, National City Mortgage, PNC Mortgage, Sovereign Bank, Sun Trust Mortgage, U.S. Bank, Wachovia Mortgage, Washington Mutual (WaMu), Wells Fargo Bank, N.A.) ;
- Your mortgage loan was active in the foreclosure process between January 1, 2009 and December 31, 2010;
- The property was your primary residence.
This is not a list of all possibilities but the following are examples of situations that may have led to financial injury.
- At the time of the foreclosure action the mortgage balance was more than you actually owed;
- Mortgage payments and/or fees were inaccurately processed, calculated, or applied;
- You requested assistance in the form of a loss mitigation option including loan modification, provided the required documents on time, and were waiting for a decision when the foreclosure sale occurred;
- You had a modification agreement and were meeting the requirements of the agreement, but the foreclosure sale still happened;
- The foreclosure action took place while you were protected by bankruptcy;
- The foreclosure action occurred to an Active duty military, military and/or veteran covered by the servicemembers Civil Relief Act who did not waive his/her rights under the act;