www.hudclips.org U. S. Department of Housing and Urban Development Washington, D.C. 20410-8000 MORTGAGEE LETTER 96-24 May 1, 1996 TO: ALL APPROVED MORTGAGEES ATTENTION: SINGLE FAMILY SERVICING MANAGERS SUBJECT: Termination of the Mortgage Assignment Program Legislation has been passed by the Congress and signed by the President which contains a provision that terminates the Mortgage Assignment Program. HUD will not accept assignment of any mortgage for which an application was received on or after April 26, 1996. Therefore, lenders must comply with the following instructions: - Immediately discontinue sending the Lender Assignment Packet cover letter (ASGN-2) and the Lender Follow up Assignment Packet cover letter (ASGN-5) to borrowers in default. - Do not process requests for assignment if the borrower's application is received on or after the above date. An application for assignment is either a letter which requests consideration for assignment or a completed Form HUD-92068F, Request for Financial Information. - All requests for assignment consideration received prior to the above date are to be processed to a final decision. - All "good cause" appeals to apply for assignment consideration must be received by the lender before the above date. Borrowers who applied for assignment consideration before the above date but missed a subsequent time frame, e.g. to present documentation, request a conference, etc., may have their appeal for continued processing considered under "good cause". 2 - Borrowers who filed bankruptcy either before or after receiving the Lender Assignment Packet Cover Letter (ASGN-2) or the Lender Follow up Packet Cover Letter (ASGN-5) but did not apply for assignment before the above date cannot be considered for assignment. Lenders that did not send ASGN-2 or ASGN-5 because a borrower had filed bankruptcy with the intention of sending the letters when a "lift of stay" was received cannot send the letters after the above date. - Continue to send the Borrower Information Packet cover letter (ASGN-1), with appropriate enclosures, to borrowers no earlier than 35 days in default. If possible, please delete references to the Assignment Program from the HUD Pamphlet PA-426H, Saving Your Home, as indicated below. A notice will be issued when the revised pamphlets are available from the Government Printing Office. Please delete: - Q: What are my alternatives? Delete the paragraph titled "HUD Assignment" - Q: What is the HUD Assignment Program and how does someone qualify for it? Delete the complete question and response. - Q: Should I be aware of anything else? In paragraph 4, delete the "HUD's Assignment Program or" Lenders are encouraged to increase their efforts to make existing relief options available to homeowners in default before proceeding to foreclosure. Those options include, but are not limited to, informal and special forbearance, pre-foreclosure sale and deed-in-lieu. Additional guidelines will be issued in the near future on loss mitigation techniques. Questions concerning this Mortgagee Letter may be directed to the local Field Offices. Sincerely yours, Nicolas P. Retsinas Assistant Secretary for Housing- Federal Housing Commissioner