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Permalink Reply by Kristin Macari on November 12, 2013 at 10:55am

Here is the process I had to follow when dealing with a Freddie Mac issue (copied from an e-mail by a BOA contact):

We prefer that people escalate to the Servicer first using the escalation process in our Guide at section 51.5.1.  Would you mind sending the section to the person?  I copied it down below.

 
51.5.1: Servicer response to complaints – Escalated cases (11/01/12)
Servicers must have processes and procedures in place to review and respond to Borrower disputes and complaints about the Servicer and/or its third-party providers that rise to the level of an escalated case. Complaints or disputes with the Borrower, the Borrower's trusted advisor, housing counselor, a federal agency or elected official, that rise to the level of an escalated case include, but are not limited to:

• Initiation or continuance of foreclosure actions in violation of Guide requirements
• Allegations of fraudulent Servicing practices
• Complaints that the Borrower was not appropriately evaluated for or inappropriately denied a foreclosure alternative
• Complaints threatening litigation
• Allegations that the Servicer did not comply with the required time frames for Borrower outreach, evaluation, or permitted time for Borrower response as set forth in Chapter 64, Delinquencies

A general inquiry pertaining to the status of an evaluation or the content of an evaluation notice where the Servicer is in compliance with the requirements of the Guide or its other Purchase Documents is not considered an escalated case.
Servicers are not required to review a subsequent case that would be considered an escalated case, when the substance of the complaint is substantially similar to a previously resolved escalated case and pertains to the same Borrower and Mortgage. The Servicer must document in the servicing system and/or Mortgage file its decision not to review a substantially similar case.

• Staffing and internal controls
  Staff providing resolution on an escalated case must be independent from the personnel that initially handled/processed the Borrower's request for assistance.
  At a minimum, Servicers must:
  • Have written procedures and sufficient adequately trained staff in place to be able to track and respond to escalated cases in accordance with the requirements of this section
  • Ensure that escalated cases receive fair consideration and timely resolution
  • Regularly review and assess the adequacy of internal controls and procedures in connection with Servicing activities to ensure compliance with the Guide and applicable law
  • Take remedial steps, as appropriate, if any deficiencies are identified as a result of their review of internal controls or processes or issues are identified from a review of an escalated case. The Servicer should formally document the results of such reviews and make the results available to Freddie Mac upon request.
  • Include a contact name or the name of the Servicer's designated escalated case response unit, and a toll-free escalation contact phone number on its HAFA Short Sale, Freddie Mac Standard Short Sale ("Standard Short Sale"), HAFA Deed-in-Lieu, Non-HAFA Deed-in-Lieu, and both "Non-approval" evaluation notices
• For additional requirements related to evaluation notices, refer to Section 64.6, Evaluation Hierarchy, Borrower Solicitation and Communication.

• Servicer response
  A Servicer must acknowledge receipt of a complaint or dispute that rises to the level of an escalated case within three Business Days following receipt and provide the Borrower, and if applicable, the third-party requestor, with a contact name, a case reference name or number, a toll-free escalation contact phone number and a date by which the Servicer will resolve the escalated case ("Resolution Date") which must be no later than 15 days from receipt.
  The Servicer must review the case and provide resolution by the Resolution Date. If the Servicer fails to resolve the escalated case by the Resolution Date, the Servicer may extend the Resolution Date an additional 15 days. However, the total time to resolve an escalated case must not exceed 30 days following receipt of the case.
  Within five Business Days of identifying the proposed resolution, the Servicer must communicate in writing to the Borrower and, as applicable, the third-party requestor, the proposed resolution and next steps if applicable. The Servicer must retain in the Mortgage file and/or its servicing system, the written communication of the proposed resolution and all documentation and information received during the review of the escalated case.
  If the Servicer fails to resolve the escalated case by the Resolution Date, the Servicer must provide an updated status to the requestor, and as applicable, the Borrower, on the Resolution Date.

• Foreclosure actions in connection with the review of an escalated case
  A Servicer must not postpone foreclosure referral due to the pending review of an escalated case.
  If the Mortgage has been referred to foreclosure, the Servicer must make every effort to expedite review of the Borrower's case and provide a resolution within the time frames specified above or by the foreclosure certification date (i.e., seven days prior to foreclosure sale date), whichever is earlier. The Servicer may postpone a foreclosure sale to facilitate case resolution, provided that the escalated case was received prior to the foreclosure certification date. However, the Servicer will not receive relief from State foreclosure time line compensatory fees if such postponement results in the Servicer exceeding State foreclosure time lines, and the postponement was due to the Servicer's failure to follow applicable Guide requirements or other Servicer error. Refer to Chapter 66 for additional requirements related to a Servicer's obligation to initiate foreclosure or conduct a foreclosure sale.
  If an escalated case is pending at the time of a foreclosure sale, the Servicer must still resolve the escalated case, and when appropriate, the Servicer will be required to take corrective action.

• Escalated case resolution
• An escalated case is considered resolved when the complaint or dispute has been reviewed in accordance with the requirements of this section and the Servicer:
  • Determines that there is no change in its original determination, if applicable; or
  • Identifies a proposed resolution that corresponds to one of the resolution categories listed below;

And

• Documents the proposed resolution in its servicing system and/or Mortgage file including a date the resolution was reached, and
• Takes the first action to implement the resolution

Resolution categories

• Action Not Allowed – Bankruptcy in Progress
• No Action Taken (Borrower current and determined able to pay)
• Deed-in-Lieu of Foreclosure (DIL)
• Forbearance Plan
• Foreclosure Initiated/Pending
• Foreclosure Completed
• Home Affordable Modification Program (HAMP)
• HAMP Trial Period Plan
• Loan Payoff
• Non-HAMP Modification
• Other Foreclosure Alternative
• Repayment Plan
• Standard Short Sale

Reporting

The Servicer must provide the following data elements to Freddie Mac via a spreadsheet by the 12th Business Day of every month for escalated cases that were referred to the Servicer by the Borrower or requestor, and/or escalated cases resolved in the prior month:

• Freddie Mac loan number
• Servicer loan number
• Borrower name
• Date case received
• Date case resolved
• Resolution category
• Summary and description detailing events of the case

The spreadsheet must be submitted to [email protected] and the file name must be reflected as Servicer name_consumer inquiries_mmyy. The Servicer must continue to report each escalated case to Freddie Mac in the monthly report until the case is resolved. The Servicer is not required to include in the monthly report any cases initially referred to Freddie Mac by the Borrower or requestor for which the Servicer is working with Freddie Mac to provide a resolution.
 
 

If that doesn't work, the agent should send signed written authorization from the borrower to

        [email protected]

The person can then follow up by calling 1-800-Freddie Option 2.  We prefer that advocates try the escalation process first.

Thanks...

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