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FHA Foreclosure Moratoriums

Case Specific Foreclosure Holds

Lenders may receive notices from the Department requiring a temporary hold on foreclosure for the loans listed. This action, when taken, is necessary to allow sufficient time for HUD to complete its review of the subject loans relative to Predatory lending or other issues.

Upon completion of the individual reviews, HUD will notify lenders that the foreclosure process may continue. This release letter will state that foreclosure must be commenced (or recommenced) within 90 days of the date of the release letter. Please note that this is similar to suspensions resulting from bankruptcy actions.

Attorney Fee Reimbursement - All Moratoriums and Foreclosure Holds

For attorney fee reimbursement, HUD will treat the foreclosure suspensions required by all moratoriums and/or foreclosure holds similar to the suspensions resulting from bankruptcy actions.  The fee schedule does not reflect additional expenses incurred due to foreclosure and/or mediation because of the wide differences in costs and lengths of time of completion, depending on the jurisdictions in which the foreclosure actions are taking place. Any additional expenses incurred due to required legal actions such as mediation or probate proceedings are claimable with a documented cost breakdown and written justification retained in the claim review file.

For the foreclosure action that is completed, mortgagees may claim their actual attorney fees up to the maximum amount noted in HUD's Attorney Fee Schedule.  See Mortgagee Letters 2015-24 (effective January 1, 2016) and 2013-38 with Attachments 1, 2, and 3 depending on the date and type of legal action taken.

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