24 C.F.R. § 203.502

Responsibility for servicing

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(a) After January 10, 1994, servicing of insured mortgages must be performed by a mortgagee that is approved by HUD to service insured mortgages. The servicer must fully discharge the servicing responsibilities of the mortgagee as outlined in this part. The mortgagee shall remain fully responsible to the Secretary for proper servicing, and the actions of its servicer shall be considered to be the actions of the mortgagee. The servicer also shall be fully responsible to the Secretary for its actions as a servicer.

(b) Whenever servicing of any mortgage is transferred from one mortgagee or servicer to another, notice of the transfer of service shall be delivered:

(1) By the transferor mortgagee or servicer to the mortgagor. The notification shall be delivered not less than 15 days before the effective date of the transfer and shall contain the information required in § 3500.21(e)(2) of this title; and

(2) By the transferee mortgagee or servicer:

(i) To the mortgagor. The notification shall be delivered not less than 15 days before the effective date of the transfer and shall contain the information required in § 3500.21(e)(2) of this title; and

(ii) To the Secretary. This notification shall be delivered within 15 days of the transfer, in a format prescribed by the Secretary.

[36 FR 24508, Dec. 22, 1971, as amended at 57 FR 47974, Oct. 20, 1992; 57 FR 58349, Dec. 9, 1992; 59 FR 65448, Dec. 19, 1994; 61 FR 36266, July 9, 1996]

Notes of Decisions

Cited in 3 cases, 2013–2020 · leading case: JPMorgan Chase Bank v. Liggins, 2016 Ohio 3528 (Ohio Ct. App. 2016).

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JPMorgan Chase Bank v. Liggins, 2016 Ohio 3528 (Ohio Ct. App. 2016). “50 Acceleration and Notification, and 24 CFR 203.502 – Responsibility for Servicing.”

Kolbe v. BAC Home Loans Servicing, LP, 738 F.3d 432 (1st Cir. 2013). “” 24 C.F.R. § 203.502 (a). In the absence of any contrary allegations in the complaint, we will presume that as servi-cer, the Bank was acting as the lender’s agent with the lender’s full authority.”

Associated Mortg. Bankers, Inc. v. Ben Carson (D.D.C. 2020). “24 C.F.R. § 203.502 (a). Plaintiff argues that this regulation proves that HUD would ensure that a servicer adheres to its servicing requirements.”

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