Homeowners whose homes become unlivable after a federally declared disaster could pause mortgage payments for up to 12 months, subject to eligibility and servicing rules.
Homeowners whose residences become unlivable because of a federally declared disaster could receive 180 days of mortgage payment relief, with extensions up to 12 months. Late fees and default interest would be barred during the pause.
During disaster-related mortgage relief, servicers would have to report the account as current and could not report that payments were paused.
State and local prosecutors could sue to enforce the mortgage-relief requirements.
Mortgage servicers must offer eligible borrowers an initial 180-day payment pause and 90-day extensions, up to 12 months total. This covers a natural person who owns or holds authority for a mortgage on residential property with four or fewer units, when at least one unit became unlivable because of a federally declared disaster. The borrower must affirm that the unit is unlivable because of the disaster. A borrower who surrendered the property, had an unresolved notice of default before the disaster declaration, or was more than 90 days delinquent immediately before the declaration is excluded. The borrower must still repay the paused payments. A servicer is not liable when following applicable servicing guidelines makes compliance impossible, and the law does not require a breach of an investor contract. The borrower must make the initial request within six months after the federal disaster declaration. An extension request must be made before the current forbearance period ends.
Mortgage servicers must report eligible disaster-related mortgage accounts as current during the payment pause. This applies to borrowers whose accounts receive disaster-related mortgage payment relief under the act. Reports must comply with the federal Fair Credit Reporting Act. The servicer may not report that the payments are in forbearance during the relief period. The reporting rules apply throughout the forbearance period.
The Attorney General, a district attorney, or a county counsel may bring a civil action to enforce the act. The enforcement authority covers violations of the mortgage-relief requirements in the act.
No hearings or votes scheduled.