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Treble Damages for Failure to Engage in Loss Mitigation

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Related Information
 -   Servicing Guidance
 -   Loss Mitigation Policy
 -   NSC home

The ''Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999'' was signed by the President on October 27, 1998. The Act included the authority for HUD to impose a penalty of three times the amount of insurance benefits claimed by the mortgagee with respect to any mortgage for which the mortgagee failed to engage in loss mitigation activities.The penalty has been codified at Title 12 of the US Code, Section 1735f-14. The text reads in part:
"...In the case of mortgagee's failure to engage in loss mitigation activities, as provided in section 536(b)(1)(I)[12 USCA Section 1735f-14(b)(1)(I)], the penalty shall be in the amount of three times the amount of any insurance benefits claimed by the mortgagee with respect to any mortgage for which the mortgagee failed to engage in such loss mitigation actions."

The Proposed Rule was published in the Federal Register on April 14, 2004, following the publication of an Advance Notice of Proposed Rulemaking (ANPR) and takes into consideration public comments received on the ANPR.

Interested persons are invited to submit comments regarding this rule in accordance with the instructions found in the Proposed Rule.

Further information about the implementation of this sanction will be provided as it becomes available.

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Content updated April 14, 2004   Follow this link to go  Back to top   
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