Sec. 4. Complaint procedure regarding loss mitigation
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Title V of the National Housing Act ( 12 U.S.C. 1731a et seq.) is amended by adding at the end the following new section: The Secretary shall establish and maintain a procedure for mortgagors under single family mortgages insured under this Act to register complaints with the Secretary regarding servicing, including loss mitigation actions, which shall include making available to the public a website of the Department, an e-mail address, a phone number, and a mailing address for such purpose.
Such procedure shall provide an opportunity for servicers to respond to such complaints and submit information regarding complaints. For each complaint registered under the procedure established pursuant to this subsection, the Secretary shall review the complaint and any response by the servicer and shall seek to resolve any dispute between the mortgagor and the servicer and make a determination with regard to complaint. In making any determinations regarding servicers’ compliance with the requirements, standards, and guidelines for servicing, including in identifying systemic problems and trends with servicing, the Secretary shall take into consideration information obtained under the complaint procedure under this subsection.
Upon making a determination with respect to a complaint, the Secretary shall notify the complainant of such determination, of the opportunity for the complainant to appeal an adverse determination under the procedure established pursuant to subsection (a), and the requirements for and how to initiate such an appeal. The Secretary shall provide a procedure for mortgagors to appeal an adverse determination by the Secretary regarding a complaint registered under the procedure established pursuant to subsection (a), and, if appropriate, may take action pursuant to section 533(d)(2) pursuant to a decision on such an appeal.
The Secretary shall provide that the procedure established pursuant to this subsection may not provide an appeal for any complaint that was previously appealed under such procedure. The Secretary shall prohibit the foreclosure of a mortgage during any period that a complaint or appeal regarding such mortgage is pending under the procedures established pursuant to this section and during a reasonable period after a complainant is notified of a determination regarding a complaint that provides the complainant an opportunity to appeal such decision.
The Secretary shall submit a report to the Congress annually regarding complaints received under the procedure maintained pursuant to subsection (a), which shall specify the number of complaints received, disaggregated by types of complaints, status of complaints, geographic distribution of complaints, and average times for resolution of complaints, shall include relevant information submitted by servicers, and shall include any other information that the Secretary considers relevant.
Such report shall comply with any applicable privacy protections. .
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Sec. 4
Complaint procedure regarding loss mitigation
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