Common use of Investigation and Response Clause in Contracts

Investigation and Response. 1. Upon receipt of a Servicing Dispute, Servicer shall cease collection calls until Servicer has investigated and responded to the Servicing Dispute. If Servicer has determined that no error has occurred, it may resume collection calls, including of amounts that accrued during the investigation period. Servicer may call a borrower as part of Servicer’s effort to resolve the Servicing Dispute. The notice required by VII.B.2 shall notify borrowers that written correspondence, such as billing statements and mandatory state pre-foreclosure notices, may continue during the resolution of the Servicing Dispute. 2. Servicer shall not, for 60 days after receipt of a Servicing Dispute, furnish adverse information to any consumer reporting agency regarding any payment that is the subject of the notice of the Servicing Dispute. 3. Servicer shall accurately investigate and respond to Servicing Disputes within 30 business days of receiving the Servicing Dispute. Investigation and response includes correction of any errors identified with the borrower’s account, including errors discovered in the course of investigation other than those alleged by the borrower, and remedial or other action necessary to resolve the Servicing Dispute. Servicer may extend the time period for responding to a Servicing Dispute by one additional period of 15 business days if, before the end of the 30 business day period, it notifies the borrower of the extension and the reasons for the extension in writing. 4. Servicer’s investigation of a Servicing Dispute shall be based on a thorough review of the relevant documents and information in its possession, custody, or control or that are reasonably accessible to Servicer. 5. If Servicer determines as a result of its investigation of a Servicing Dispute that no error occurred based in whole or in part on a lack of documents or information, it shall notify the borrower of the information or documents that are missing and necessary to determine if an error occurred. 6. If Servicer concludes as a result of its investigation of a Servicing Dispute that an error occurred, it shall immediately correct all errors and restore the borrower’s account to the position it would be in if Servicer had not made the error, including reversing and refunding any fees, charges, or other amounts incurred as a result of the error and correcting any subsequent payment misapplication or credit reporting arising from the error. 7. In response to a Servicing Dispute, Servicer shall provide the borrower with written notification of its resolution within the time period allowed. The notification shall include contact information, including a toll-free telephone number, for further assistance, and shall: a. Provide the information requested, unless the request is for duplicative, confidential, proprietary, privileged, or irrelevant information, or if the request is overbroad, unduly burdensome or untimely; b. State the reason for Servicer’s determination; c. Notify the borrower of the corrections made, remedial actions taken, or other actions taken to resolve the Servicing Dispute, including the effective date of such corrections and/or actions; or d. State Servicer’s basis for its resolution, including the findings that led Servicer to determine that there was insufficient basis to conclude that an error or improper act occurred, a statement of the borrower’s right to request documents relied upon by Servicer in reaching its determination, and information regarding how the borrower can request such documents. 8. Upon request by a borrower who submitted a Servicing Dispute, Servicer shall provide, at no charge, copies of documents and information relied upon by Servicer in making its determination that no error occurred within 15 business days of receiving such request. Servicer is not required to provide documents that constitute confidential, proprietary, or privileged information. If Servicer withholds confidential, proprietary, or privileged information, it shall notify the borrower of its determination in writing within 15 business days of receiving the borrower’s request for such documents. In its response to a request for documentation, Servicer may omit location and contact information and personal financial information (other than information about the terms, status, and payment history of the mortgage loan) if: (i) the information pertains to a potential or Confirmed Successor in Interest who is not the requestor; or (ii) the requestor is a Confirmed Successor in Interest and the information pertains to any borrower who is not the requestor.

Investigation and Response. 1. Upon receipt of a Servicing Dispute, Servicer shall cease collection calls until Servicer has investigated and responded to the Servicing Dispute. If Servicer has determined that no error has occurred, it may resume collection calls, including of amounts that accrued during the investigation period. Servicer may call a borrower as part of Servicer’s effort fort to resolve the Servicing Dispute. The notice required by VII.B.2 shall notify borrowers that written correspondence, such as billing statements and mandatory state pre-foreclosure notices, may continue during the resolution of the Servicing Dispute. 2. Servicer shall not, for 60 days after receipt of a Servicing Dispute, furnish adverse information to any consumer reporting agency regarding any payment that is the subject of the notice of the Servicing Dispute. 3. Servicer shall accurately investigate and respond to Servicing Disputes within 30 business days of receiving the Servicing Dispute. Investigation and response includes correction of any errors identified with the borrower’s account, including errors discovered in the course of investigation other than those alleged by the borrower, and remedial or other action necessary to resolve the Servicing Dispute. Servicer may extend the time period for responding to a Servicing Dispute by one additional period of 15 business days if, before the end of the 30 business day period, it notifies the borrower of the extension and the reasons for the extension in writing. 4. Servicer’s investigation of a Servicing Dispute shall be based on a thorough review of the relevant documents and information in its possession, custody, or control or that are reasonably accessible to Servicer. 5. If Servicer determines as a result of its investigation of a Servicing Dispute that no error occurred based in whole or in part on a lack of documents or information, it shall notify the borrower of the information or documents that are missing and necessary to determine if an error occurred. 6. If Servicer concludes as a result of its investigation of a Servicing Dispute that an error occurred, it shall immediately correct all errors and restore the borrower’s account to the position it would be in if Servicer had not made the error, including reversing and refunding any fees, charges, or other amounts incurred as a result of the error and correcting any subsequent payment misapplication or credit reporting arising from the error. 7. In response to a Servicing Dispute, Servicer shall provide the borrower with written notification of its resolution within the time period allowed. The notification shall include contact information, including a toll-free telephone number, for further assistance, and shall: a. Provide the information requested, unless the request is for duplicative, confidential, proprietary, privileged, or irrelevant information, or if the request is overbroad, unduly burdensome or untimely; b. State the reason for Servicer’s determination;reason c. Notify the borrower of the corrections made, remedial actions taken, or other actions taken to resolve the Servicing Dispute, including the effective date of such corrections and/or actions; or d. State Servicer’s basis for its resolution, including the findings that led Servicer to determine that there was insufficient basis to conclude that an error or improper act occurred, a statement of the borrower’s right to request documents relied upon by Servicer in reaching its determination, and information regarding how the borrower can request such documents. 8. Upon request by a borrower who submitted a Servicing Dispute, Servicer shall provide, at no charge, copies of documents and information relied upon by Servicer in making its determination that no error occurred within 15 business days of receiving such request. Servicer is not required to provide documents that constitute confidential, proprietary, or privileged information. If Servicer withholds confidential, proprietary, or privileged information, it shall notify the borrower of its determination in writing within 15 business days of receiving the borrower’s request for such documents. In its response to a request for documentation, Servicer may omit location and contact information and personal financial information (other than information about the terms, status, and payment history of the mortgage loan) if: (i) the information pertains to a potential or Confirmed Successor in Interest who is not the requestor; or (ii) the requestor is a Confirmed Successor in Interest and the information pertains to any borrower who is not the requestor.

Investigation and Response. 1. Upon receipt of a Servicing Dispute, Servicer shall cease collection calls until Servicer has investigated and responded to the Servicing Dispute. If Servicer has determined that no error has occurred, it may resume collection calls, including of amounts that accrued during the investigation period. Servicer may call a borrower as part of Servicer’s effort to resolve the Servicing Dispute. The notice required by VII.B.2 shall notify borrowers that written correspondence, such as billing statements and mandatory state pre-pre- foreclosure notices, may continue during the resolution of the Servicing Dispute. 2. Servicer shall not, for 60 days after receipt of a Servicing Dispute, furnish adverse information to any consumer reporting agency regarding any payment that is the subject of the notice of the Servicing Dispute. 3. Servicer shall accurately investigate and respond to Servicing Disputes within 30 business days of receiving the Servicing Dispute. Investigation and response includes correction of any errors identified with the borrower’s account, including errors discovered in the course of investigation other than those alleged by the borrower, and remedial or other action necessary to resolve the Servicing Dispute. Servicer may extend the time period for responding to a Servicing Dispute by one additional period of 15 business days if, before the end of the 30 business day period, it notifies the borrower of the extension and the reasons for the extension in writing. 4. Servicer’s investigation of a Servicing Dispute shall be based on a thorough review of the relevant documents and information in its possession, custody, or control or that are reasonably accessible to Servicer. 5. If Servicer determines as a result of its investigation of a Servicing Dispute that no error occurred based in whole or in part on a lack of documents or information, it shall notify the borrower of the information or documents that are missing and necessary to determine if an error occurred. 6. If Servicer concludes as a result of its investigation of a Servicing Dispute that an error occurred, it shall immediately correct all errors and restore the borrower’s account to the position it would be in if Servicer had not made the error, including reversing and refunding any fees, charges, or other amounts incurred as a result of the error and correcting any subsequent payment misapplication or credit reporting arising from the error. 7. In response to a Servicing Dispute, Servicer shall provide the borrower with written notification of its resolution within the time period allowed. The notification shall include contact information, including a toll-free telephone number, for further assistance, and shall: a. Provide the information requested, unless the request is for duplicative, confidential, proprietary, privileged, or irrelevant information, or if the request is overbroad, unduly burdensome or untimely; b. State the reason for Servicer’s determination; c. Notify the borrower of the corrections made, remedial actions taken, or other actions taken to resolve the Servicing Dispute, including the effective date of such corrections and/or actions; or d. State Servicer’s basis for its resolution, including the findings that led Servicer to determine that there was insufficient basis to conclude that an error or improper act occurred, a statement of the borrower’s right to request documents relied upon by Servicer in reaching its determination, and information regarding how the borrower can request such documents. 8. Upon request by a borrower who submitted a Servicing Dispute, Servicer shall provide, at no charge, copies of documents and information relied upon by Servicer in making its determination that no error occurred within 15 business days of receiving such request. Servicer is not required to provide documents that constitute confidential, proprietary, or privileged information. If Servicer withholds confidential, proprietary, or privileged information, it shall notify the borrower of its determination in writing within 15 business days of receiving the borrower’s request for such documents. In its response to a request for documentation, Servicer may omit location and contact information and personal financial information (other than information about the terms, status, and payment history of the mortgage loan) if: (i) the information pertains to a potential or Confirmed Successor in Interest who is not the requestor; or (ii) the requestor is a Confirmed Successor in Interest and the information pertains to any borrower who is not the requestor.