Common use of Third Party Fees Clause in Contracts

Third Party Fees. 1. Servicer shall not impose unnecessary or duplicative property inspection, property preservation, or valuation fees on the borrower, including, but not limited to, the following: a. No property preservation fees shall be imposed on eligible borrowers who have a pending application with Servicer for loss mitigation relief or are performing under a loss mitigation program, unless Servicer documents a reasonable basis in its records or its vendor’s records to believe that property preservation is necessary for the maintenance of the property, such as when the property is vacant or listed on a violation notice from a local jurisdiction; b. No property inspection fee shall be imposed on a borrower any more frequently than the time frames allowed under GSE or HUD guidelines unless Servicer has identified specific circumstances supporting the need for further property inspections and documented such circumstances in Servicer’s records or its vendor’s records; and c. Servicer shall be limited to imposing on a borrower property valuation fees (e.g., BPO) once every 12 months, unless other valuations are requested by the borrower to facilitate a short sale or to support a loan modification as outlined in paragraph III.G.2, or required as part of the default or foreclosure valuation process. Pursuant to this paragraph (V.C.1.c), Servicer shall provide the borrower with a copy of any valuation requested by the borrower. 2. Default, foreclosure, and bankruptcy-related services performed by third parties shall be at reasonable market value. 3. Servicer shall be prohibited from collecting any unearned fee, or giving or accepting referral fees in relation to third-party default or foreclosure-related services. 4. Servicer shall not assess to a borrower its own mark-ups on Servicer-initiated third-party default or foreclosure-related services.

Appears in 4 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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Third Party Fees. 1. Servicer shall not impose unnecessary or duplicative property inspection, property preservation, or valuation fees on the borrower, including, but not limited to, the following: a. No property preservation fees shall be imposed on eligible borrowers who have a pending application with Servicer for loss mitigation relief or are performing under a loss mitigation program, unless Servicer documents a reasonable basis in its records or its vendor’s records to believe that property preservation is necessary for the maintenance of the property, such as when the property is vacant or listed on a violation notice from a local jurisdiction; b. No property inspection fee shall be imposed on a borrower any more frequently than the time frames allowed under GSE or HUD guidelines unless Servicer has identified specific circumstances supporting the need for further property inspections and documented such circumstances in Servicer’s records or its vendor’s records; and c. Servicer shall be limited to imposing on a borrower property valuation fees (e.g., BPO) once every 12 months, unless other valuations are requested by the borrower to facilitate a short sale or to support a loan modification as outlined in paragraph III.G.2, or required as part of the default or foreclosure valuation process. Pursuant to this paragraph (V.C.1.c), Servicer shall provide the borrower with a copy of any valuation requested by the borrower. 2. Default, foreclosure, and bankruptcy-related services performed by third parties shall be at reasonable market value. 3. Servicer shall be prohibited from collecting any unearned fee, or giving or accepting referral fees in relation to third-party default or foreclosure-related services. 4. Servicer shall not assess to a borrower its own markxxxx-ups on Servicer-initiated third-party default or foreclosure-related services.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Third Party Fees. 1. Servicer shall not impose unnecessary or duplicative property inspection, property preservation, or valuation fees on the borrower, including, but not limited to, the following: a. No property preservation fees shall be imposed on eligible borrowers who have a pending application with Servicer for loss mitigation relief or are performing under a loss mitigation program, unless Servicer documents a reasonable basis in its records or its vendor’s records to believe that property preservation is necessary for the maintenance of the property, such as when the property is vacant or listed on a violation notice from a local jurisdiction; b. No property inspection fee shall be imposed on a borrower any more frequently than the time frames allowed under GSE or HUD guidelines unless Servicer has identified specific circumstances supporting the need for further property inspections and documented such circumstances in Servicer’s records or its vendor’s records; and c. Servicer shall be limited to imposing on a borrower property valuation fees (e.g., BPO) once every 12 months, unless other valuations are requested by the borrower to facilitate a short sale or to support a loan modification as outlined in paragraph III.G.2, or required as part of the default or foreclosure valuation process. Pursuant to this paragraph (V.C.1.c), Servicer shall provide the borrower with a copy of any valuation requested by the borrower. 2. Default, foreclosure, and bankruptcy-related services performed by third parties shall be at reasonable market value. 3. Servicer shall be prohibited from collecting any unearned fee, or giving or accepting referral fees in relation to third-party default or foreclosure-related services. 4. Servicer shall not assess to a borrower its own mark-ups on Servicer-initiated third-party default or foreclosure-related services.

Appears in 1 contract

Samples: Settlement Agreement

Third Party Fees. 1. Servicer shall not impose unnecessary or duplicative property inspection, property preservation, or valuation fees on the borrower, including, but not limited to, the following: a. No property preservation fees shall be imposed on eligible borrowers who have a pending application with Servicer for loss mitigation relief or are performing under a loss mitigation program, unless Servicer documents a reasonable basis in its records or its vendor’s records to believe that property preservation is necessary for the maintenance of the property, such as when the property is vacant or listed on a violation notice from a local jurisdiction; b. No property inspection fee shall be imposed on a borrower any more frequently than the time frames allowed under GSE or HUD guidelines unless Servicer has identified specific circumstances supporting the need for further property inspections and documented such circumstances in Servicer’s records or its vendor’s records; and c. Servicer shall be limited to imposing on a borrower property valuation fees (e.g., BPO) once every 12 months, unless other valuations are requested by the borrower to facilitate a short sale or to support a loan modification as outlined in paragraph III.G.2, or required as part of the default or foreclosure valuation process. Pursuant to this paragraph (V.C.1.c), Servicer shall provide the borrower with a copy of any valuation requested by the borrower. 2. Default, foreclosure, and bankruptcy-related services performed by third parties shall be at reasonable market value. 3. Servicer shall be prohibited from collecting any unearned fee, or giving or accepting referral fees in relation to third-party default or foreclosure-related services. 4. Servicer shall not assess to a borrower its own markxxxx-ups on Servicer-initiated third-party default or foreclosure-related services.

Appears in 1 contract

Samples: Settlement Agreement

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Third Party Fees. 1. Servicer shall not impose unnecessary or duplicative property inspection, property preservation, or valuation fees on the borrower, including, but not limited to, the following: a. No property preservation fees shall be imposed on eligible borrowers who have a pending application with Servicer for loss mitigation relief or are performing under a loss mitigation program, unless Servicer documents a reasonable basis in its records or its vendor’s records to believe that property preservation is necessary for the maintenance of the property, such as when the property is vacant or listed on a violation notice from a local jurisdiction; b. No property inspection fee shall be imposed on a borrower any more frequently than the time frames allowed under GSE or HUD guidelines unless Servicer has identified specific circumstances supporting the need for further property inspections and documented such circumstances in Servicer’s records or its vendor’s records; and c. Servicer shall be limited to imposing on a borrower property valuation fees (e.g., BPO) once every 12 months, unless other valuations are requested by the borrower to facilitate a short sale or to support a loan modification as outlined in paragraph III.G.2, or required as part of the default or foreclosure valuation process. Pursuant to this paragraph (V.C.1.c), Servicer shall provide the borrower with a copy of any valuation requested by the borrower. 2. Default, foreclosure, and bankruptcy-related services performed by third parties shall be at reasonable market value. 3. Servicer shall be prohibited from collecting any unearned fee, or giving or accepting referral fees in relation to third-party default or foreclosure-foreclosure- related services. 4. Servicer shall not assess to a borrower its own markxxxx-ups on Servicer-initiated third-party default or foreclosure-related services.

Appears in 1 contract

Samples: Settlement Agreement

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