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1.1.5 Relation of Mortgage Servicing to Other NCLC Treatises

Mortgage Servicing and Loan Modifications is a new NCLC treatise. While much expanded and updated, this treatise is adapted from NCLC’s Foreclosures and Mortgage Servicing (5th ed. 2014). As the content of that treatise continued to expand with new legal requirements concerning mortgage servicing, mortgage loan modifications, and home foreclosures, NCLC split that treatise into two new volumes—Home Foreclosures (2019) and Mortgage Servicing and Loan Modifications (2019).

As the name suggests, discussions of the Truth in Lending Act, Real Estate Settlement Procedures Act, state law, and other requirements for mortgage servicing are now in this treatise, as are the loan modification programs offered by Fannie Mae, Freddie Mac, FHA, VA, RHS, and others. Home Foreclosures focuses on procedural and substantive defenses to foreclosure. That treatise also covers special situations in which a home may be seized such as repossession of manufactured homes, forfeiture of land installment contracts, condominium foreclosures, tax sales, reverse mortgage foreclosures, and foreclosure rescue and loan modification scams.

Subscribers to NCLC’s previous title, Foreclosures and Mortgage Servicing, now have access to the digital version of both new treatises, and print + digital subscribers receive both print books. Others can subscribe to one treatise or the other, but NCLC recommends subscriptions to both.

A third NCLC treatise should be of special interest to those using Mortgage Servicing and Loan Modifications. NCLC’s Mortgage Lending2 focuses on requirements concerning mortgage origination, including federal limits on mortgage originations and federal preemption of state laws regulating mortgage origination. Topics include ability to repay, steering, loan churning, property flipping, appraisal fraud, mortgage broker and other third-party charges, limits on interest and other loan terms, reverse mortgages, land installment contracts, and litigating claims when a bank fails.

Footnotes

  • 2 {2} National Consumer Law Center, Mortgage Lending (2d ed. 2014), updated at www.nclc.org/library.