§ 53-244.110. Licensee duties.

296 words·~1 min read·/nc/chapter-53/53-244-110

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Any licensee engaged in the mortgage business as defined by G.S. 53-244.030(11)c., in addition to duties imposed by other statutes or at common law, shall do all of the following:

(1)Safeguard and account for any money handled for the borrower.

(2)Follow reasonable and lawful instructions from the borrower.

(3)Act with reasonable skill, care, and diligence.

(4)File with the Commissioner a complete, current schedule of the ranges of costs and fees it charges borrowers for its servicing-related activities with its application, renewal, and any supplemental filings.

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

a. The number of mortgage loans the licensee is servicing.

b. The type and characteristics of the loans in this State.

c. The number of serviced loans in default, along with a breakdown of 30-, 60-, and 90-day delinquencies.

d. Information on loss mitigation activities, including details on workout arrangements undertaken.

e. Information on foreclosures commenced in this State.

(6)At the time a licensee accepts assignment of servicing rights for a mortgage loan, the licensee shall disclose to the borrower any notice required by RESPA or by regulations adopted under it.

(7)In the event of a delinquency or other act of default on the part of the borrower, the licensee shall act in good faith to inform the borrower of the facts concerning the loan and the nature and extent of the delinquency or default and, if the borrower replies, to negotiate with the borrower, subject to the mortgage servicer's duties and obligations under the mortgage servicing contract, if any, to attempt a resolution of the delinquency. (2009-374, s. 2; 2025-43, s. 1.)