A person that performs a residential mortgage loan modification service for compensation or gain shall:
Comply with all applicable state and federal laws;
Provide the borrower with a summary of the material terms of any agreement under which the licensee provides services related to a modification of the borrower’s residential mortgage loan; and
Inform the borrower immediately in writing if:
The owner of the residential mortgage loan needs additional information to process or consider the request; or
The owner of the residential mortgage loan will not consider a modification of the terms.
A person that performs a residential mortgage loan modification service for compensation or gain may not:
Charge a fee before providing the service for which the person charges the fee;
Charge a fee that is not reasonable or that exceeds the usual and customary fees for the service the person provides; or
Require or encourage a borrower, as a condition of modifying the terms of a residential mortgage loan or providing a service related to modifying the terms of a residential mortgage loan, to:
Waive the borrower’s:
Legal defenses, available counterclaims or other legal rights against the person;
Right to contest a foreclosure; or(iii) Right to receive notice before a foreclosure proceeding begins;
Pay a fee, charge or assessment for which the residential mortgage loan agreement, a servicing agreement or a related agreement does not provide; or
Cease communications with the person, the trustee or beneficiary in a trust deed, the owner or a servicer of the borrower’s residential mortgage loan or any other person with which the borrower has the right or duty to communicate concerning the residential mortgage loan.