Common use of Special Treatment of Certain Residential Tax Liens Clause in Contracts

Special Treatment of Certain Residential Tax Liens. The Servicer acknowledges that the servicing of the water and sewer component of certain residential Tax Liens may require special procedures to assure that the actions of the Servicer in servicing such Liens do not violate the Federal Fair Debt Collection Practices Act (the “FDCPA”) or other similar federal, state or local laws (collectively, “Debt Collection Laws”). In furtherance thereof and with respect to those Tax Liens identified by the City to the Servicer (the “Identified Tax Liens”), the Servicer shall not initiate contact with any Person who is not specified in FDCPA Section 805 regarding the water and sewer component of an Identified Tax Lien, unless (a) it has the consent of the consumer or the express permission of a court of competent jurisdiction in accordance with applicable Debt Collection Laws; (b) it is for the acquisition of location information in accordance with applicable Debt Collection Laws; (c) it is reasonably necessary to effectuate a postjudgment judicial remedy in accordance with applicable Debt Collection Laws or (d) the Servicer has determined that such contact is not prohibited by any Debt Collection Laws or any other Laws; provided, however, that the Servicer is authorized and directed to respond to inquiries from the debtor or any other Person relating to an Identified Tax Lien, including but not limited to providing payoff calculations, forbearance agreements and information regarding the Tax Lien.

Appears in 4 contracts

Samples: Servicing Agreement, Servicing Agreement, Servicing Agreement

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