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Mortgage Servicing and Loan Modifications: WASHINGTON

Wash. Rev. Code §§ 19.148.010 through 19.148.900 (Mortgage Loan Servicing); Wash. Rev. Code §§ 31.04.015 through 31.04.297 (Consumer Loan Act)

Scope:

Consumer Loan Act: Making secured or unsecured loans, or servicing residential mortgage loan. § 31.04.035.

Mortgage Loan Servicing: Loans used to finance the acquisition of an owner-occupied one to four family residence in state. § 19.148.020.

Mortgage Servicing and Loan Modifications: WISCONSIN

Wis. Stat. § 138.052; Wis. Stat. § 224.71 through 224.82; Wis. Stat. §§ 428.101 through 428.106

Scope: Loans secured by first lien mortgage, made or refinanced after Nov. 1, 1981, on one to four family dwelling which is borrower’s principal place of residence. Wis. Stat. § 138.052. Mortgage bankers, defined to include servicing of residential mortgage loans. Wis. Stat. § 224.71. First mortgages where the amount financed is less than $25,000. Wis. Stat. § 428.101.

Mortgage Servicing and Loan Modifications: ALABAMA

Ala. Code § 35-10-91

Requirements: Borrower must provide proper notice in order to obtain payoff statement. Payoff statement must be issued within fourteen days of receipt of notice. Creditor may take “reasonable measures” to verify the identity of any person acting on borrower’s behalf and to obtain borrower’s authorization to release information before the fourteen-day time period begins.

Mortgage Servicing and Loan Modifications: ARIZONA

Ariz. Rev. Stat. Ann. § 33-715

Requirements: Where failure to provide statement fourteen days after written demand, liability for $500 damages plus any actual damages. Holder may charge no more than $30 fee for statement.

Mortgage Servicing and Loan Modifications: CALIFORNIA

Cal. Civ. Code § 2943 (West)

Requirements: Where failure to provide statement twenty-one days after written demand, liability for $300 damages plus any actual damages; liability may recur after six-month period. Holder may charge no more than $30 fee for statement.

Mortgage Servicing and Loan Modifications: COLORADO

Colo. Rev. Stat. § 5-3.5-103(1)(h)

Requirements: For specified loans as defined in § 5-3.5-101(2), statement required no more than five business days after written request. No fee allowed for payoff quote. For enforcement see § 5-3.5-201.

Mortgage Servicing and Loan Modifications: CONNECTICUT

Conn. Gen. Stat. § 49-10a

Requirements: Payoff statement or reinstatement payment statement required on date requested by mortgagor as long as mortgagee has seven business days in which to reply. No fee allowed unless agreed upon for expedited reply. For non-compliance, no interest accrual allowed for period after which statement was due.

Mortgage Servicing and Loan Modifications: IDAHO

Idaho Code § 26-31-213

Requirements: Borrower may request from mortgage lender at any time a statement of account’s payments and “total unpaid balance,” to be delivered within thirty days of written request; fee may be charged.

Mortgage Servicing and Loan Modifications: ILLINOIS

735 Ill. Comp. Stat. 5/15-1505.5

Requirements: In a foreclosure action, upon mortgagor’s written demand, mortgagee or mortgagee’s agent shall prepare an accurate payoff demand statement within ten business days after receipt of demand. No fee for first payoff demand statement. One who willfully fails to deliver statement is liable for actual damages or $500 if no actual damages are sustained. 735 Ill. Comp. Stat. 5/15-1505.5.

Mortgage Servicing and Loan Modifications: INDIANA

Ind. Code § 24-4.5-2-209 (Consumer Credit Code)

Requirements: If noncompliance within seven business days of first written request, creditor or mortgage servicer is liable for $100; within seven business days of second request, liable for the greater of $100 or the interest due from date of first request until date of compliance. Cf. § 24-4.5-1-301.5(8) as to applicability to mortgages.

Mortgage Servicing and Loan Modifications: KENTUCKY

Ky. Rev. Stat. Ann. § 286.8-220(2)(e) (West)

Requirements: Upon receipt of written request, it is unlawful to delay beyond five business days issuance of written payoff statement. State may seek fine; willful violation is felony. § 286.8-990.

Mortgage Servicing and Loan Modifications: MASSACHUSETTS

Mass. Gen. Laws ch. 183, § 54D

Requirements: Mortgagor, holder, or servicer shall provide within five business days of receipt of request a precise figure as of date certain and computation method for ascertaining figure after date certain. No fee for first request within each six-month period. Liability for noncompliance: the greater of $500 or actual damages; costs and attorney fees.