32-9-170. Mortgage servicer duties. In addition to any duties imposed by other statutes or the common law, a mortgage servicer shall:
     (1) safeguard and account for any money handled for the borrower;
     (2) follow reasonable and lawful instructions from the borrower;
     (3) act with reasonable skill, care, and diligence;
     (4) file with the department a complete, current schedule of the ranges of costs and fees the mortgage servicer charges borrowers for servicing-related activities with the mortgage servicer's application and renewal and with any supplemental filings made from time to time;
     (5) file with the department upon request a report in a form and format acceptable to the department detailing the mortgage servicer's activities in this state, including:
     (a) the number of mortgage loans the mortgage servicer is servicing;
     (b) the type and characteristics of the loans in this state;
     (c) the number of serviced loans in default, along with the breakdown of 30-day, 60-day, and 90-day delinquencies;
     (d) information on loss mitigation activities, including details on workout arrangements undertaken; and
     (e) information on foreclosures in this state;
     (6) at the time the mortgage servicer accepts assignment of servicing rights for a mortgage loan, disclose to the borrower:
     (a) any notice required under federal law or regulation;
     (b) a schedule of the ranges and categories of the mortgage servicer's costs and fees for its servicing-related activities, which may not exceed those reported to the department; and
     (c) a notice in the form and content acceptable to the department that the mortgage servicer is licensed in Montana and that complaints about the mortgage servicer may be submitted to the department; and
     (7) in the event of a delinquency or other act of default on the part of the borrower, act in good faith to inform the borrower of the facts concerning the loan and the nature and extent of the delinquency or default and, if the borrower replies, negotiate with the borrower, subject to the mortgage servicer's duties and obligations under the mortgage servicing contract, if any, to attempt a resolution or workout pertaining to the delinquency or default.

     History: En. Sec. 34, Ch. 317, L. 2011.