Loan Servicing Agreement for the United States

Loan Servicing Agreement Template for United States

A Loan Servicing Agreement is a legally binding contract governed by U.S. federal and state laws that establishes the terms and conditions under which a loan servicer will manage and administer loans on behalf of the loan owner. The agreement covers crucial aspects such as payment processing, borrower communication, regulatory compliance, default management, and reporting requirements. It must comply with various federal regulations including RESPA, TILA, and FDCPA, as well as state-specific lending and servicing requirements.

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What is a Loan Servicing Agreement?

The Loan Servicing Agreement is essential when a loan owner needs to delegate the administration of their loan portfolio to a specialized servicing entity. This agreement, commonly used in the U.S. financial services sector, outlines comprehensive servicing responsibilities, compliance obligations, compensation structures, and performance standards. It's particularly crucial given the complex regulatory environment governing loan servicing, including federal regulations like RESPA and TILA, and various state-specific requirements. The agreement typically includes detailed provisions for payment processing, borrower communication, default management, reporting, and regulatory compliance.

What sections should be included in a Loan Servicing Agreement?

1. Parties: Identifies the loan servicer and loan owner/investor, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the loan servicing arrangement

3. Definitions: Key terms used throughout the agreement including technical and regulatory terminology

4. Services: Detailed description of loan servicing obligations, including payment processing, reporting, and borrower communications

5. Compensation: Servicing fees, payment terms, and calculation methods for compensation

6. Compliance: Regulatory compliance obligations under federal and state laws, including RESPA, TILA, FCRA, and FDCPA

7. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

8. Representations and Warranties: Standard assurances from both parties regarding authority, compliance, and performance capabilities

9. Indemnification: Mutual indemnification provisions and liability allocation between parties

10. Confidentiality: Protection of confidential information and data security requirements

What sections are optional to include in a Loan Servicing Agreement?

1. Special Servicing: Provisions for handling defaulted loans and special servicing situations

2. Sub-servicers: Terms and conditions for engaging third-party servicers, including oversight requirements

3. Portfolio Transfer: Procedures and requirements for transferring loans in and out of the servicer's portfolio

4. Disaster Recovery: Business continuity and disaster recovery procedures

5. Insurance Requirements: Specific insurance coverage requirements for both parties

What schedules should be included in a Loan Servicing Agreement?

1. Schedule A - Loan Schedule: Detailed list of loans covered by the agreement, including key loan information

2. Schedule B - Fee Schedule: Comprehensive breakdown of servicing fees, including base fees and special servicing fees

3. Schedule C - Service Level Requirements: Specific performance metrics, response times, and quality standards

4. Schedule D - Compliance Requirements: Detailed regulatory compliance obligations and reporting requirements

5. Schedule E - Required Reports: List of required reports, formats, and submission timeframes

6. Schedule F - Transfer Requirements: Detailed procedures for transferring loans, including data and document requirements

7. Schedule G - System Requirements: Technical specifications and system requirements for loan servicing

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Clauses
Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate settlement processes and disclosures in residential mortgage servicing

TILA: Truth in Lending Act - Federal regulation requiring transparent disclosure of lending terms and standardized calculations of costs

FCRA: Fair Credit Reporting Act - Federal law governing the collection, dissemination, and use of consumer credit information

FDCPA: Fair Debt Collection Practices Act - Federal law that limits the behavior and actions of debt collectors who are attempting to collect debts

GLBA: Gramm-Leach-Bliley Act - Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data

CFPB Regulations: Consumer Financial Protection Bureau regulations - Federal oversight rules for consumer financial products and services including loan servicing

ECOA: Equal Credit Opportunity Act - Federal law prohibiting discrimination in lending practices based on protected characteristics

SCRA: Servicemembers Civil Relief Act - Federal law providing special protections for active-duty military personnel in financial transactions

TCPA: Telephone Consumer Protection Act - Federal law restricting telemarketing calls, automatic dialing systems, and text messages

BSA/AML: Bank Secrecy Act/Anti-Money Laundering requirements - Federal regulations for monitoring and reporting suspicious financial activities

State Licensing Requirements: Individual state requirements for obtaining and maintaining licenses to operate as a loan servicer

State Consumer Protection Laws: State-specific laws designed to protect consumers in financial transactions and services

State Privacy Laws: State-specific requirements for handling and protecting consumer personal and financial information

State Foreclosure Laws: State-specific procedures and requirements for handling defaulted loans and foreclosure processes

State Usury Laws: State-specific limitations on interest rates and loan charges that can be assessed

Data Security Requirements: Technical and operational requirements for protecting consumer data and maintaining cybersecurity standards

Reporting Requirements: Obligations for regular reporting to regulatory authorities and borrowers regarding loan servicing activities

Record Retention: Requirements for maintaining accurate records of all servicing activities, payments, and communications for specified periods

Payment Processing Standards: Requirements for handling, processing, and applying borrower payments accurately and timely

Escrow Management: Requirements for maintaining and administering escrow accounts for taxes, insurance, and other related expenses

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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