Attorney General Bonta Secures $4.6 Million Settlement, Consumer Relief with Mortgage Servicer, Select Portfolio Servicing, for Violations of Foreclosure Protections During the[...]

OAKLAND - California Attorney General Rob Bonta today announced a $4.6 million settlement with Select Portfolio Servicing (SPS), a large sub-prime mortgage servicer operating in California, resolving allegations that the company violated state and federal mortgage servicing and debt collection laws during the COVID-19 pandemic. Today's settlement includes enforcement of California's Homeowner Bill of Rights (HBOR), a set of laws that provide protections to homeowners who are facing foreclosure. Under the settlement, subject to court approval, SPS must pay $1.6 million in civil penalties and $3 million in consumer relief, and must implement changes to ensure, among other things, that homeowners receive adequate support and accurate information when seeking loan modifications and other foreclosure-prevention alternatives.

"Californians are facing a crisis of affordability, and many of our residents struggle every month to keep a roof over their heads. Our state recognized this when it passed strong debt collection and mortgage servicing laws designed to give homeowners a meaningful opportunity to avoid losing their homes amid rough financial patches - patches like the one brought on by the COVID-19 pandemic," said Attorney General Bonta. "My office's settlement with Select Portfolio Servicing resolves our investigation into the company, which found that the mortgage servicer violated these laws amid the COVID-19 pandemic, resulting in struggling homeowners not having clarity or accurate information at a time of chaos and financial uncertainty. As part of the settlement, we are proud to secure $3 million that goes right back into the pockets of thousands of impacted homeowners."

Due to the COVID-19 pandemic, families across California faced difficulty affording rent and mortgage payments, including as a result of layoffs and reduced working hours. In 2021, Attorney General Bonta issued a consumer alert reminding California's tenants and homeowners of their rights and protections amidst the COVID-19 pandemic.

The California Department of Justice's investigation into SPS, based in part on information provided by Housing and Economic Rights Advocates and California Rural Legal Assistance, Inc., found, among other things, that the company:

• Failed to give homeowners adequate information about COVID-19 forbearance plans, including related to their forbearance exit options and their ability to apply for other loss mitigation options while in forbearance.
• Sent mortgage statements to borrowers on COVID-19 forbearance plans wrongly stating that late fees would be charged for missed payments.
• Failed to have tailored loss mitigation discussions with homeowners nearing the end of their COVID-19 forbearance plans.
• Failed to ensure that homeowners seeking foreclosure prevention alternatives received adequate support from the single points of contact SPS was required to provide under HBOR.
• Failed to ensure that homeowners could submit loan modification applications according to the timelines and under the circumstances that HBOR allows.

Homeowners eligible to receive restitution from this settlement have already been identified and will receive payment automatically.

What is the California's Homeowner Bill of Rights?

California's HBOR provides protections to homeowners facing foreclosure and tenants in foreclosed homes and puts certain responsibilities on mortgage servicers. Key provisions include:

• Notification of Foreclosure-Prevention Options: Your mortgage servicer must try to contact you at least 30 days before starting the foreclosure process to discuss your financial situation and explore your options to avoid foreclosure. Within five days of recording a notice of default, your servicer must generally give you information about options to avoid foreclosure that may be available.
• Acknowledgment of Application: If you apply for a loan modification, your servicer must notify you within five business days of any missing information, other errors, and deadlines for completing your application.
• Guaranteed Single Point of Contact: If you ask for a loan modification or other foreclosure-prevention alternative, your servicer must assign you a specific person or team who can walk you through application requirements and deadlines, knows the facts and status of your application, including missing documents needed to complete your application, and can get you a decision on your application.
• Restrictions on Dual Tracking: Your servicer must generally pause the foreclosure process while it is making a decision on your completed loan-modification application and until after it gives you time to appeal a denial. It also cannot foreclose on you while you are complying with the terms of an approved loan modification, forbearance, repayment plan, or other foreclosure-prevention option.
• Tenant Rights: Purchasers of foreclosed homes must give tenants at least 90 days before starting eviction proceedings. If the tenant has a fixed-term lease that was entered into before the foreclosure sale, the new owner must honor the lease unless certain exceptions apply.

For more information about the Homeowner Bill of Rights, please visit https://oag.ca.gov/hbor. The Housing Justice Team reminds Californians that they can report complaints related to housing to oag.ca.gov/report. Tenants who need legal help can find legal aid resources in their area at www.LawHelpCA.org.