§ 1005.721. Enforcement of late fees.
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/us/cfr/t24/s§ 1005.721·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A Servicer shall not commence foreclosure when the Borrower's only default is his or her failure to pay a late fee(s).
(b)A late fee that may be assessed under the Section 184 Guaranteed Loan but unpaid by the Borrower shall not justify Servicer's return of Borrower's payment. However, if the Servicer thereafter notifies the Borrower of his obligation to pay a late fee, such a fee may be deducted from any subsequent payment or payments submitted by the Borrower or on his behalf if this is not inconsistent with the terms of the Section 184 Guaranteed Loan. Partial Payments shall be treated as provided in § 1005.723.
(c)A payment submission may be returned because of failure to include a late fee only if the Servicer notifies the Borrower before imposition of the charge of the amount of the monthly payment, the date when the late fee will be imposed, and either the amount of the late charge or the total amount due when the late fee is included.
(d)During the 60-day period beginning on the effective date of transfer of the Servicing of a Section 184 Guaranteed Loan, a late fee shall not be assessed. If a payment is received by the prior Servicer on or before the due date (including any applicable grace period allowed by the Section 184 Guaranteed Loan), no late fees shall be assessed by the new Servicer.
(e)A Servicer shall not assess a late fee for failure to pay a late fee, as prohibited under 12 CFR 1026.36.
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§ 1005.721
Enforcement of late fees.
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