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On November 22, 2013, the DOB filed a Notice of Correction to address technical errors in the Official Version of 209 CMR 18.00 to clarify that the reference to the notice of foreclosure included in 209 CMR 18.21A(2)(c) was intended to refer to the notice of foreclosure provided pursuant to M.G.L. ch. 244, § 14. The DOB filed this technical correction to resolve any confusion between the version of the amended regulation posted on the DOB’s website and the Official Version. The effective date of the corrections is retroactive to October 11, 2013.
The certification is not a sworn statement or affidavit.
No. Covered entities are not required to comply with applicable provisions of 12 CFR 1024 until their effective date, which is currently scheduled for January 10, 2014.
If the CFPB’s regulations that are specifically referenced in the DOB’s regulations at 209 CMR 18.21A do not apply to a small servicer, then the DOB’s regulation do not apply to such entities either. Small servicers, as described below, are still required to comply with certain of the CFPB’s mortgage servicing rules as summarized here.
An entity is a small servicer if it meets one of the following criteria (see 12 CFR 1026.41(e)(4)):
An entity is NOT a small servicer if it services any mortgage loans that it did not originate or does not own, even if the entity services 5,000 or fewer loans overall.
The individual signing the affidavit must have personally reviewed the business records referenced in the affidavit.
A list of the general sources of information (for example, a servicer’s physical file, electronic records, and data compilations derived from computer records).
Affidavits will be considered compliant with the DOB’s regulations if they follow a court form or statutory form.