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ObjectivelyObtainableSafeHarbors™
Objectively Obtainable Best Practices™
Obtainable Safe Harbors™
Opt In Safe Harbors™
Opt In Settlements™
Litigation Free Zone™
BANKING, MORTGAGE, LENDER/SERVICER
& RELATED INDUSTRY PARTICIPANTS
News: Courts have denied punitive damages claims against
banks/lenders who have “revised” their practices.
OptInSafeHarbor™ Solutions
New Best Practices - Revised BK
Foreclosure Escrow Servicing Administration
As recent laws, regulations and cases have greatly enhanced liability exposure,
the need for voluntary resolution of such issues or lawsuits is now paramount.
Opt In Settlements™, Opt In Safe Harbors™ and Litigation Free Zone™
can provide the framework to such resolution.
Objective Standards – the industry should embrace Objective Standards that allow for “Obtainable Safe Harbors™”. Otherwise the industry will get legislative best practices with potentially non obtainable subjective and objective standards.
“Obtainable Safe Harbors™” not only provide sensible operational management controls (like the NACTT New Best Practices (Deb Miller) and the New Standard & Poor’s Best Practices, (Ed Highland), which lead to a more refined, efficient and fair operation, but “Obtainable Safe Harbors™” can lessen LITIGATION AND OPERATIONAL RISKS and act as a DEFENSIVE TOOL in civil and criminal litigation and governmental investigations.
ProCouncil™ Advisory
HotNeutral™
OptInSafeHarbors™
Litigation Free Zone™
Industry Endorsements
Confidential Strategy™ Consultory
Opt In Safe Harbors™ can supply the framework for resolution within a Litigation Free Zone™ that affords the opportunity to fashion equitable reconciliation for all related participants.
Certain laws, regulations and cases have shaped the new circle of liability for the mortgage industry participants. These authorities along with new controls for best practices and proactively “revised” administration and management policies or practices, can safeguard industry participants including lenders and servicers from loss severity or litigation risk severity.
Opt In Safe Harbors™ is a voluntary outreach by each participant in an effort to seek compliance with practical and sensible management controls or the implementation of revised practices for the betterment of each participant.
One example related to Servicers/Lenders, Foreclosure and Bankruptcy, illustrates the need for Opt In Safe Harbors™ as it relates to the recent new best practices adopted (on or about June, 2008) by the NACTT Mortgage Committee in a document entitled: BEST PRACTICES FOR TRUSTEES and MORTGAGE SERVICERS IN CHAPTER 13. This is a hotly contested move by some participants in the industry. The NACTT Mortgage Committee states: “…we recognize that there may be other acceptable procedures. Therefore, we remain open to further discussion and review.”
In recent cases, Chapter 13 Trustees and (Unsigned) Debtors have standing to bring claims on a confirmed plan as a contract. RESPA and (Implied/Good Faith) contract claims against Lender/Servicers are not preempted by bankruptcy. Regulation (or plan) exemptions from providing an Annual Escrow Account “Statement” does NOT EXCUSE the Servicer from conducting Annual Escrow “Analysis” and providing “Notice” of account deficiencies or shortages at least once a year per 24 CFR Section 3500.17(a).(c)(3),(f)(5),(i)(1,2). In other recent cases, the courts have denied punitive damages claims against banks/lenders who have “revised” their practices.
As recent laws, regulations and cases have greatly enhanced liability exposure, the need for voluntary resolution of such issues or lawsuits is now paramount. Opt In Safe Harbors™ and Litigation Free Zone™ can provide the framework to such resolution.
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For information click here.
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