,,ii #aafth ,,congress #b;d ,session ,s4 #ceji ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ag1 #bjbj,mr4 ,brown introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to provide borrowers the right to request forbearance on mortgage loan payments due to a declared disaster1 and for other purposes4 #a4 ,consumer right to request forbearance ,the ,real ,estate ,settlement ,procedures ,act of #aigd 7#ab ,u4,s4,c4 #bfja et seq47 is amended-- 7#a7 in section #c 7#ab ,u4,s4,c4 #bfjb7-- 7,a7 in paragraph 7#h71 by striking and at the end2 7,b7 in paragraph 7#i71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#aj7 the term declared disaster means-- 7,a7 the coronavirus disease 7,,covid-#ai7 pandemic2 and 7,b7 a major disaster or emergency declared by the ,president under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia74 2 and 7#b7 in section #f 7#ab ,u4,s4,c4 #bfje7-- 7,a7 in subsection 7k77#a7-- 7i7 in subparagraph 7,d71 by striking or at the end2 7ii7 by redesignating subparagraph 7,e7 as subparagraph 7,g72 and 7iii7 by inserting after subparagraph 7,d7 the following3 7,e7 initiate any judicial or non-judicial foreclosure process1 move for a foreclosure judgment or order of sale1 or execute a foreclosure-related eviction or foreclosure sale during the #ahj-;day period following a declared disaster in the area in which the property is located2 7,f7 fail to toll the time in a foreclosure process on a property for not less than #ahj days following a declared disaster in the area in which the property is located2 or 2 and 7,b7 by adding at the end the following3 7n7 ,consumer right ,to request forbearance 7#a7 ,in general ,a borrower experiencing a financial hardship due1 directly or indirectly1 to a declared disaster may request forbearance from any mortgage payment for not less than #ahj days1 which may be extended for an additional #ahj days at the request of the borrower1 provided that1 at the borrower's request1 either the initial or extended period of forbearance may be shortened4 7#b7 ,accrual of interest or fees ,during a period of forbearance described in paragraph 7#a71 no interest or other fees shall accrue on the borrower's account4 7#c7 ,request for relief ,a borrower may submit a request for forbearance under paragraph 7#a7 to their servicer1 either orally or in writing1 affirming that the borrower is experiencing hardship due1 directly or indirectly1 to a declared disaster4 7#d7 ,requirements for servicers 7,a7 ,notification 7i7 ,in general ,each servicer of a federally related mortgage loan shall notify the borrower of their right to request forbearance under paragraph 7#c7-- 7,i7 not later than #ad days after the date of a declared disaster or1 in the case of the coronavirus disease 7,,covid-#ai7 pandemic1 not later than #ad days after the date of enactment of this ,act2 and 7,,ii7 during the incident period for a declared disaster and during not less than the #ahj-;day period following that incident period-- 7aa7 on each periodic statement provided to the borrower2 and 7bb7 in any oral or written communication by the servicer with or to the borrower4 7ii7 ,manner of notification 7,i7 ,written notification ,any written notification required under clause 7i7-- 7aa7 shall be provided-- 7,,aa7 in ,english and ,spanish and in any additional languages in which the servicer communicates1 including the language in which the loan was negotiated1 to the extent known by the servicer2 and 7,,bb7 at least as clearly and conspicuously as the most clear and conspicuous disclosure on the document2 and 7bb7 may be provided by first-class mail or electronically1 if the borrower has otherwise consented to electronic communication with the servicer and has not revoked such consent4 7,,ii7 ,oral notification ,any oral notification required under clause 7i7 shall be provided in the language the servicer otherwise uses to communicate with the borrower4 7,,iii7 ,written translations ,in providing written notifications in languages other than ,english under subclause 7,i71 a servicer may rely on written translations developed by the ,federal ,housing ,finance ,agency or the ,bureau4 7,b7 ,other requirements ,upon receiving a request for forbearance from a consumer under paragraph 7#c71 a servicer shall-- 7i7 with no additional documentation required other than the borrower's attestation to a hardship caused by the declared disaster and with no fees1 interest1 or other penalties charged to the borrower in connection with the forbearance1 provide the forbearance for not less than #ahj days1 which may be extended for an additional #ahj days at the request of the borrower1 provided that1 at the borrower's request1 either the initial or extended period of forbearance may be shortened2 7ii7 while such forbearance is in effect1 pay or advance funds to make disbursements in a timely manner from any escrow account established on the mortgage loan1 and maintain regular communication with such borrower2 and 7iii7 7,i7 before the end of such forbearance1 evaluate the borrower's ability to return to making regular mortgage payments2 7,,ii7 if the borrower is able to return to making regular mortgage payments at the end of the forbearance period-- 7aa7 modify the borrower's loan to extend the term for the same period as the length of the forbearance1 with all payments that were not made during the forbearance distributed at the same intervals as the borrower's existing payment schedule and evenly distributed across those intervals1 with no penalties or additional interest accrued or modification fee charged to the borrower2 and 7bb7 notify the borrower in writing of the extension1 including provision of a new payment schedule and date of maturity1 and that the borrower shall have the election of prepaying the forborne payments at any time1 in a lump sum or otherwise2 7,,iii7 if the borrower is financially unable to return to making regular mortgage payments at the end of the forbearance period-- 7aa7 evaluate the borrower for all loan modification options1 including-- 7,,aa7 further extending the borrower's repayment period2 7,,bb7 reducing the principal balance of the loan2 or 7,,cc7 other modification options available to the servicer under the terms of their loan and existing laws and policies2 and 7bb7 if the borrower qualifies for such a modification1 modify the borrower's loan to provide a loan with such terms as to provide an affordable payment1 with no penalties1 additional interest1 or modification fees charged to the borrower2 and 7,,iv7 if a borrower is granted a forbearance on payments that would be owed pursuant to a trial loan modification plan-- 7aa7 any forbearance of payments shall not be treated as missed or delinquent payments or otherwise negatively affect the borrower's ability to complete their trial plan2 and 7bb7 any past due amounts as of the end of the trial period1 including unpaid interest1 real estate taxes1 insurance premiums1 and assessments paid on the borrower's behalf1 will be added to the mortgage loan balance1 but only to the extent that such charges are not fees associated with the granting of the forbearance1 such as late fees1 modification fees1 or unpaid interest from the period of the forbearance4 4