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USDA RD AN No 4321 SFHGLP Loss Mitigation Comprehensive Policy Clarification
Wednesday, 16 January 2008

The USDA Rural Development has released RD AN No 4321 titled, "Single Family Housing Guaranteed Loan Program Loss Mitigation Comprehensive Policy Clarification".

With this Administrative Notice (AN)  Rural Development encourages approved Single Family Housing Guaranteed Loan Program (SFHGLP) servicers to exercise loss mitigation techniques to the fullest extent possible when servicing defaulted loans under SFHGLP. This AN clarifies the policies concerning loss mitigation actions. Included is an attachment titled, Loss Mitigation Guide which describes loss mitigation alternatives, identifies circumstances for use, and discusses situations in which each alternative may be appropriate. Servicers who service Section 502 Guaranteed Loans should use this Guide to give guidance to SFHGLP borrowers when considering loss mitigation alternatives. Agency staff that give guidance to lenders refer to this Guide when considering the appropriateness of a lender's loss mitigation alternatives.

This AN updates AN 4165, which expired on April 30, 2007 and introduces the availability of a one-time loss mitigation incentive for either a pre-foreclosure sale or deed-in-lieu of foreclosure, lifting of the 12 month seasoning requirement for a loan modification, and clarification on servicer monitoring of pre-foreclosure sale plans. Effective with the date of this AN all lender/servicers that assist a borrower by approving and closing either a pre-foreclosure sale or deed-in-lieu of foreclosure will receive a one time loss mitigation incentive. Amendments include;

  • All servicers that have received prior approval from the Agency for either a pre-foreclosure sale or a deed-in-lieu of foreclosure on a SFHGLP loan will receive a one-time loss mitigation incentive at the time of loss claim filing. The incentive will be included in the loss claim reimbursement amount received by the servicer. The following loss mitigation incentive amounts will be paid to servicers on closed pre-foreclosure sales and deeds-in-lieu of foreclosure:
    Pre-foreclosure Incentive : $1,000.00
    Deed-In-Lieu of Foreclosure Incentive : $250.00

  • The requirement that a loan must be seasoned 12 months prior to a loan modification being approved has been eliminated.

  • Properties that are listed for sale under an Agency approved 90 day preforeclosure sale plan, should be evaluated monthly by the lender and mortgagor in order to ensure that the property is being marketed to reflect current local economic conditions.

To view the AN in its entirety, please click here.

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, OH  and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with over 450 employees.  Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico