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: 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 of Housing and Urban Development, an e-mail address, a phone number, and a mailing address for registering complaints; and provide an opportunity for servicers to respond to complaints and submit information regarding complaints.
For each complaint registered under the procedure established under this subsection, the Secretary shall— review the complaint and any response by the servicer; and seek to resolve any dispute between the mortgagor and the servicer and make a determination regarding the complaint. In making any determination regarding the compliance of a servicer 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 procedure established under this subsection.
Upon making a determination with respect to a complaint regarding servicing, the Secretary shall notify the complainant of— the determination; the opportunity for the complainant to appeal an adverse determination under the procedure established under subsection (a); and the requirements for and how to initiate an appeal described in paragraph (2). The Secretary— shall provide a procedure for mortgagors to appeal an adverse determination by the Secretary regarding a complaint registered under the procedure established under subsection (a); and if appropriate, may take action pursuant to section 533(d)(2) with respect to a decision on an appeal described in subparagraph (A).
The procedure established under this subsection may not provide an appeal for any complaint that was previously appealed under the procedure. The Secretary shall prohibit the foreclosure of a mortgage during any period that a complaint or appeal regarding the mortgage is pending under the procedures established under 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 the decision.
The Secretary shall submit an annual report to Congress regarding complaints received under the procedure maintained under 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; include relevant information submitted by servicers and any other information that the Secretary considers relevant; and comply with any applicable privacy protections. .
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Sec. 4
Complaint procedure regarding loss mitigation
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