Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Massachusetts AG Reaches Settlement with Loan Servicer Over Improper Debt Collection Practices

By A.J. Dhaliwal, Mehul Madia & Skylar Stoudt on October 18, 2024
Email this postTweet this postLike this postShare this post on LinkedIn
Finance-and-Bankruptcy-Blog-Image_Money-Collage-660x283

In a September 26 settlement, the Massachusetts Attorney General’s office reached an agreement with a mortgage loan servicer to resolve allegations of violations of Massachusetts consumer protection laws and the Truth in Lending Act.

The loan servicer primarily engaged in the servicing of nonperforming residential mortgage loans. The Massachusetts AG alleged that it failed to comply with state foreclosure law by failing to timely provide required notices to borrowers that allowed large unpaid balances to accrue. When the servicer did provide the notices, it unlawfully charged up-front payments for mortgage modifications. The loan servicer also improperly collected or attempted to collect, time-barred debts without necessary disclosures, excessively contacted borrowers in violation of state regulations, and failed to send required periodic statements to borrowers in violation of TILA.

As part of the settlement, the loan servicer agreed to pay Massachusetts $300,000, which may be utilized for consumer restitution. Importantly, the company must release all liens associated with the underlying portfolio at issue at no expense to the consumer, request the deletion of related tradelines from credit reports, and is prohibited from undertaking any further collection activity on the accounts. For future accounts, the loan servicer has agreed not to engage in collection activities on time-barred debts and to comply with applicable laws and regulations, including assigning a single point of contact to all delinquent borrowers to facilitate communication and clarify processes and deadlines.

Putting It Into Practice: This settlement underscores regulators’ commitment to enforcing mortgage borrower protections (previously discussed here, here, and here) and highlights the importance of clear, timely communication with borrowers, particularly those at risk of defaulting on their loans. Mortgage servicers should prioritize compliance and borrower communication in these instances. 

Photo of A.J. Dhaliwal A.J. Dhaliwal

A.J. is a partner in the Finance and Bankruptcy Practice Group in the firm’s Washington, D.C. office.

Read more about A.J. DhaliwalEmail
Photo of Mehul Madia Mehul Madia

Mehul Madia, special counsel in the firm’s Washington, D.C. office, provides deep consumer finance and fintech expertise to clients, leveraging more than 15 years’ of public and private sector experience.

Read more about Mehul MadiaEmail
Photo of Skylar Stoudt Skylar Stoudt

Skylar Stoudt is an associate in the Business Trial Practice Group in the firm’s Washington, D.C. office.

Read more about Skylar StoudtEmail
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Consumer Finance and Fintech Blog
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo