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Mortgage Servicing and Loan Modifications: 41(e)(4)(iii) Small servicer determination

1. Loans obtained by merger or acquisition. Any mortgage loans obtained by a servicer or an affiliate as part of a merger or acquisition, or as part of the acquisition of all of the assets or liabilities of a branch office of a creditor, should be considered mortgage loans for which the servicer or an affiliate is the creditor to which the mortgage loan is initially payable.

Mortgage Servicing and Loan Modifications: 41(e)(5)(iv)(B) Single-Statement Exemption

[Editor’s Note.22]

1. Timing. The exemption in § 1026.41(e)(5)(iv)(B) applies with respect to a single periodic statement or coupon book following an event listed in § 1026.41(e)(5)(iv)(A). For example, assume that a mortgage loan has a monthly billing cycle, each payment due date is on the first day of the month following its respective billing cycle, and each payment due date has a 15-day courtesy period. In this scenario:

Mortgage Servicing and Loan Modifications: Appendix H—Closed-End Forms and Clauses

1. Models H-1 and H-2.

i. Creditors may make several types of changes to closed-end model forms H-1 (credit sale) and H-2 (loan) and still be deemed to be in compliance with the regulation, provided that the required disclosures are made clearly and conspicuously. Permissible changes include the addition of the information permitted by § 1026.17(a)(1) and “directly related” information as set forth in the commentary to § 1026.17(a).

Mortgage Servicing and Loan Modifications: Amendment History

[66 Fed. Reg. 65,620 (Dec. 20, 2001); 74 Fed. Reg. 41,256 (Aug. 14, 2009); 75 Fed. Reg. 58,488 (Sept. 24, 2010); 76 Fed. Reg. 79,772 (Dec. 22, 2011); 78 Fed. Reg. 10,444 (Feb. 13, 2013); 78 Fed. Reg. 10902 (Feb. 14, 2013); 78 Fed. Reg. 69,753 (Nov. 21, 2013); 78 Fed. Reg. 70,196 (Nov. 25, 2013); 78 Fed. Reg. 76,033 (Dec. 16, 2013); 78 Fed. Reg. 78,585 (Dec. 26, 2013); 78 Fed. Reg. 79,286 (Dec. 30, 2013); 78 Fed. Reg. 79,730 (Dec. 31, 2013); 79 Fed. Reg. 48,015 (Aug. 15, 2014); 79 Fed. Reg. 56,483 (Sept. 22, 2014); 79 Fed. Reg. 65,300 (Nov. 3, 2014); 79 Fed. Reg. 77,855 (Dec.

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3911. Definitions

For the purposes of this Act [sections 3901 to 3915 and 3917 to 4043 of this Appendix]:

(1) Servicemember. The term “servicemember” means a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10, United States Code.

(2) Military service. The term “military service” means—

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3913. Protection of persons secondarily liable

(a) Extension of protection when actions stayed, postponed, or suspended. Whenever pursuant to this Act [sections 3901 to 3915 and 3917 to 4043 of this Appendix] a court stays, postpones, or suspends (1) the enforcement of an obligation or liability, (2) the prosecution of a suit or proceeding, (3) the entry or enforcement of an order, writ, judgment, or decree, or (4) the performance of any other act, the court may likewise grant such a stay, postponement, or suspension to a surety, guarantor, endorser, accommodation maker, comaker, or other person wh

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3914. Extension of protections to citizens serving with allied forces

A citizen of the United States who is serving with the forces of a nation with which the United States is allied in the prosecution of a war or military action is entitled to the relief and protections provided under this Act [sections 3901 to 3915 and 3917 to 4043 of this Appendix] if that service with the allied force is similar to military service as defined in this Act [sections 3901 to 3915 and 3917 to 4043 of this Appendix]. The relief and protections provided to such citizen shall terminate on the date of discharge or release from such service.

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3917. Extension of rights and protections to reserves ordered to report for military service and to persons ordered to report for induction

(a) Reserves ordered to report for military service. A member of a reserve component who is ordered to report for military service is entitled to the rights and protections of this title and titles II and III [of this Appendix] during the period beginning on the date of the member’s receipt of the order and ending on the date on which the member reports for military service (or, if the order is revoked before the member so reports, or the date on which the order is revoked).

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3919. Exercise of rights under Act not to affect certain future financial transactions

Application by a servicemember for, or receipt by a servicemember of, a stay, postponement, or suspension pursuant to this Act [sections 3901 to 3915 and 3917 to 4043 of this Appendix] in the payment of a tax, fine, penalty, insurance premium, or other civil obligation or liability of that servicemember shall not itself (without regard to other considerations) provide the basis for any of the following:

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3931. Protection of servicemembers against default judgments

(a) Applicability of section. This section applies to any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance.

(b) Affidavit requirement.

(1) Plaintiff to file affidavit. In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit—