Banks Continue to Violate Nationwide Servicer Settlement – NMP Skip to main content

Banks Continue to Violate Nationwide Servicer Settlement

Apr 04, 2013

A new survey of housing counselors in California reveals that banks are violating several consumer protections that were mandated by the $26 billion National Mortgage Settlement (NMS) and the California Homeowners Bill of Rights. In addition, the survey reveals that bank practices continue to disproportionately affect disadvantaged and hard-hit communities including limited English proficient (LEP) borrowers, widows, and people with disabilities. The results of the survey were released today in a report, Chasm Between Words and Deeds IX: Bank Violations Hurt Hardest Hit Communities. 1. Single Points of Contact (SPOC) - a primary regulatory and industry response to the paper shuffle that complicated loan modification requests- are not accessible, consistent, and knowledgeable. Over 70 percent of responding counselors reported that SPOC’s were “never,” “rarely,” or only “sometimes,” accessible, consistent or knowledgeable. “When my clients call their servicer, they are automatically transferred to their assigned SPOC who does not pick up the phone and never returns phone calls. Because the clients are auto transferred, they cannot speak to anyone else at the banks. Client's requests are denied for missing documentation that has already been provided, and sometimes referred back to foreclosure without ever getting a return call from their SPOC,” said Cheyenne Martinez- Boyette of MEDA in San Francisco. “The SPOC has been completely ineffective in creating a basic and fundamental avenue of communication between the servicer and their customer.” 2. Dual track problems persist. Over 60 percent of counselors reported that Bank of America, Citibank, JPMorgan Chase and Wells Fargo still dual track “sometimes,” “often,” or “always,” even though this practice should have ended months ago under the NMS. 3. Timelines outlined in the NMS for responding to, and deciding upon, borrower applications for loan modifications are rarely honored. Sixty percent or more of counselors said each of the Big 5 Banks “rarely” or “never” made loan modification decisions within 30 days of a complete loan modification application having been submitted. 4. Banks continue to lose documents and improperly deny borrowers the assistance they seek to stay in their homes. Over 60 percent of responding counselors felt that each of the Big 5 servicers denied loan modifications to seemingly qualified homeowners, “sometimes,” “often,” or “always.” 5. Borrowers of color, Limited English Proficient (LEP) homeowners, widows, and disabled borrowers may face additional challenges to accessing relief. Over 60 percent of counselors said their LEP clients were “never” or only “sometimes” able to speak to their servicer in their native language, or through a translator provided by the servicer. 44 percent of counselors noted servicers “always” or “almost always” refuse to discuss loan modifications with widowed clients who are not on the original loan. Finally, over 25 percent of responding counselors noted clients with disabilities “always” or “almost always” report difficulties receiving reasonable accommodations. “One of our main challenges is that our LEP clients have a difficult time understanding and communicating with their servicers,” said Bo Sivanunsakul of Thai CDC in Los Angeles. “Our foreclosure prevention counselors have to translate all letters and call their servicers to follow up on their phone conversations with our clients because our clients are not able to read their letters and fully understand their servicers.” "These servicer violations are unacceptable. Despite new laws and settlement agreements that clarify servicing procedures, servicers continue to harm California families and neighborhoods, and aggravate the state's economic recovery,” said Kevin Stein of the California Reinvestment Coalition. “Regulators need to hold servicers accountable for these violations, strengthen rules to protect disadvantaged communities, and require banks to be transparent about which borrowers and neighborhoods are receiving foreclosure prevention assistance.” This is the ninth survey of nonprofit housing counselors and legal service providers conducted by the California Reinvestment Coalition. Eighty-four counselors and lawyers who represent hundreds of thousands of homeowners responded to this survey in February and March 2013. The California Homeowners Bill of Rights went into effect on January 1, 2013, and all NMS servicing guidelines were effective on October 1, 2012.
About the author
Published
Apr 04, 2013
Jobs Report Comes In Weak After Mortgage Rates Surge

Employers added just 29,000 jobs in September, sending Treasury yields lower and offering a potential counterweight to the recent rise in mortgage rates

Oct 02, 2026
Price Cuts Hit Four-Year High As Mortgage Rates Top 7%

More than one in five listings took a price cut in September, but pending sales still posted their sharpest annual decline since March 2025

Oct 01, 2026
Serious Mortgage Delinquencies Rise 19% After Five Months Of Improvement

ICE data shows 574,000 mortgages were at least 90 days past due in August, while early-stage delinquencies remained below year-ago levels

Sep 29, 2026
Smaller Down Payments Give Buyers More Room, But Rates Limit The Savings

The typical down payment fell 9% from a year ago, while shifting market conditions are giving originators different affordability conversations across the country

Sep 25, 2026
Mortgage Rates Break 7% Just As Builders Find A Way To Move Buyers

New-home sales rose 6.4% in August as builders cut prices, offered incentives, and sold more lower-priced homes. Now mortgage rates are moving against buyers again

Sep 25, 2026
Borrowers Want Digital Closings, But Some Originators Remain Hesitant

ServiceLink finds 45% of surveyed LOs cite borrower reluctance as a barrier, even though most recent buyers say digital options would influence their choice of mortgage provider

Sep 23, 2026