Additional State Disclosures

Additional Information for Texas Property Owners
COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE DEPARTMENT OF SAVING AND MORTGAGE LENDING, 2601 North Lamar, Suite 201, Austin, TX 78705. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 877-276-5550

Additional Information for Arkansas Property Owners
Please note that Member First Mortgage LLC is licensed in Arkansas and that complaints about Member First Mortgage LLC may be submitted to the Arkansas Securities Department via the Department’s website (securities.arkansas.gov) or toll-free 1-800-981-4429

Additional Information for North Carolina Property Owners
If you believe the loss mitigation request has been wrongly denied, you may file a complaint with North Carolina Office of Commissioner of Bank website, www.nccob.gov.

Additional Information for California Property Owners
Additional accountings can be requested pursuant to Section 2954 of the California Civil Code.

The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or ftc.gov

Additional Information for Georgia Property Owners
See Loan Servicing Fee Schedule at www.memberfirstmortgage.com

You may contact our Servicing Department regarding the servicing of your loan by phone at 866-636-1052 or by mail to Member First Mortgage, Attn: Loan Admin, 616 44th St SE, Grand Rapids MI 49548.

Member First Mortgage is subject to the mortgage servicing standards set forth below. Any person who services a closed-end mortgage loan:

  • Shall act with reasonable skill, care, and diligence
  • Shall not charge fees for:
    • Handling borrower disputes;
    • Facilitating routine borrower collections;
    • Arranging repayment or forbearance plans;
    • Sending borrowers notice of nonpayment;
    • Updating records to reinstate a mortgage loan; and
    • Late payment in excess of the initial late payment fee, as provided by 12 C.F.R. § 1026.36(c)(2)
  • Shall not commence a foreclosure process while a borrower’s complete loss mitigation application is pending (“dualtracking”)
  • Shall not conduct a foreclosure sale before evaluating the borrower’s complete loss mitigation application in the event the complete loss mitigation application is received after a foreclosure process has been commenced and more than 37 days before the foreclosure sale.
  • Shall consider loss mitigation whenever possible and, at a minimum:
    • Acknowledge receipt of a borrower’s initial loss mitigation application within 5 business days of receipt;
    • Upon receipt of a borrower’s initial loss mitigation application, provide name, address, and a collect call or toll-free telephone number for an employee or department of the servicer that can be contacted by the borrower regarding loss mitigation application inquiries;
    • Upon receipt of a borrower’s initial loss mitigation application, identify requirements for loss mitigation options, if available; and
      • Evaluate a borrower’s eligibility for available loss mitigation options within 30 days of receipt of loss mitigation application if a servicer receives that loss mitigation application more than 37 days before a foreclosure sale or
      • In the event a servicer is not required to evaluate the loss mitigation application under subsection (i), the servicer shall either notify the borrower that the loss mitigation application was not timely or evaluate the loss mitigation application.
  • Shall have and describe a process for borrowers to appeal loss mitigation disputes, including, but not limited to, a formal review of loss mitigation options, to personnel different than those responsible for previous evaluations or provide an option for borrowers to mediate such disputes if the loss mitigation application was received 90 days or more before a foreclosure sale.

Loss Mitigation Denial Appeal Process for Georgia

  1. If a complete loss mitigation application is received 90 days or more before a foreclosure sale or during the pre-foreclosure review/ pre-referral period, a borrower is permitted to appeal a determination to deny a borrower’s loss mitigation application for any loss mitigation option available to the borrower if the loan is secured by the borrower’s 1-4 family primary residence.
  2. In order to appeal a loss mitigation determination, a borrower must submit a completed Loss Mitigation Appeal Form (provided with all loss mitigation determination notices) within 14 days after the servicer provides the offer of a loss mitigation option to the borrower.
  3. An appeal will be reviewed by different personnel than those responsible for evaluating the borrower’s complete loss mitigation application.
  4. Within 30 days of a borrower making an appeal, the servicer will provide a Loss Mitigation Appeal Determination Notice to the borrower stating the determination of whether the borrower will be offered a loss mitigation option based upon the appeal.
  5. The borrower must accept or reject an offer of a loss mitigation option after an appeal no earlier than 14 days after the servicer provides the Loss Mitigation Appeal Determination Notice to a borrower. Failure to accept an offer of a loss mitigation option within this timeframe after an appeal is considered a rejection of the offer.
  6. An evaluation with respect to any loss mitigation option is in the sole discretion of the servicer. The servicer’s determination upon appeal is final and not subject to any further appeal.
  • Shall have an error resolution process for all borrowers, unless expressly excluded pursuant to 12 C.F.R. § 1024.35(g), which must, at a minimum:
    • Acknowledge receipt of a borrower’s notice of error within 5 business days of receipt.
    • Conduct a reasonable investigation; and
    • Within 45 days, except where prompter compliance is required by 12 C.F.R. § 1024.35(e)(3) or alternative compliance is provided in 12 C.F.R. § 1024.35(f), provide a borrower with a written notification of: (i) the correction of error or {ii) the servicer’s determination that no error occurred and the reason for such determination.
  • Shall apply payments to the principal and interest first, rather than the insurance, taxes, and fees of the mortgage loan, except where inconsistent with federal law.
  • Shall not assess on a borrower any charge or fee related to force-placed insurance, unless the servicer has a reasonable basis to believe the borrower has failed to comply with the mortgage contract’s requirements to maintain insurance; and
  • Shall not obtain force-placed insurance for a borrower that imposes an unreasonable charge or fee related to the forceplaced insurance.

Additional Information for Massachusetts Property Owners
YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT. ANY SUCH ORAL REQUEST WILL BE VALID FOR ONLY TEN DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR DELIVERED WITHIN SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE CREDITOR.

Additional Information for New York Property Owners
You may direct complaints or inquiries by mail to Member First Mortgage, Attn: Loan Admin, 616 44th ST SE, Grand Rapids, Ml 49548, or contact our Service Department by phone at 866-636-1052.

If you believe a loss mitigation request has been wrongly denied, you may file a complaint with the New York State Department of Financial Services at 1-800-342-3736 or dfs.ny.gov.

Additional Information for Oregon Property Owners:
The Oregon Division of Financial Regulation (DFR) oversees residential mortgage loan servicers who are responsible for servicing residential mortgage loans in connection with real property located in Oregon and persons required to have a license to service residential mortgage loans in this state. If you have questions regarding your residential mortgage loan, contact your servicer at 866-636-1052. To file a complaint about unlawful conduct by an Oregon licensee or a person required to have an Oregon license, call DFR at 888-877-4894 or visit dfr.oregon.gov/Pages/index.aspx

Additional Information for Nevada Property Owners:
If you are a qualifying federal worker, tribal worker, state worker or a household member or landlord of such a worker, you may be entitled to certain protections (when applicable) pursuant to the Nevada Revised Statute Chapter 40.531 during a period in which there is a lapse in appropriations for a federal or state agency or tribal government that continues through any unpaid payday for a federal worker, state worker or tribal worker employed by that agency or tribal government. For additional information and to determine eligibility please contact Member First Mortgage, LLC toll free at 866-636-1052.