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State AGs Coalition Urges CFPB to Ban Mortgage Convenience Fees

Mortgage ServicersApril 12, 2022Connecticut Attorney General

Summary

Connecticut Attorney General William Tong joined a coalition of 22 attorneys general in urging the Consumer Financial Protection Bureau (CFPB) to prohibit mortgage servicers from charging convenience fees. The coalition argues that these fees are exploitative and unfair, as homeowners have no choice in their servicers and fees often exceed the actual cost of processing payments. They request that the CFPB either ban such fees or limit them to actual costs, and require servicers to document their costs.

Contract Impact

In-house legal teams should review all mortgage servicing agreements, loan servicing contracts, and vendor agreements with payment processors for clauses that authorize or define 'convenience fees' or 'payment processing fees.' Specifically examine fee schedules, payment method terms, and cost allocation provisions. Given the coalition's argument that fees often exceed actual processing costs and lack consumer choice, contracts may need amendments to: (1) cap fees at verifiable actual costs, (2) require detailed documentation and disclosure of processing costs to borrowers, and (3) potentially eliminate such fees for non-optional payment channels. Teams should also monitor for any CFPB rulemaking resulting from this petition to ensure future compliance.

Contract Search Terms

convenience feepay-to-pay feepayment processing feefee disclosuremortgage servicing agreement fee clauseactual cost limitationfee documentation requirementunfair fee practiceCFPB fee regulationmortgage payment method fee

Violation Types

Entity Details

Entity

Mortgage Servicers

Industry

Financial Services

Multistate Coalition

IllinoisCaliforniaColoradoDelawareDistrict of ColumbiaHawaiiIowaMaineMarylandMassachusettsMichiganMinnesotaNevadaNew JerseyNew MexicoNew YorkNorth CarolinaOregonPennsylvaniaRhode IslandWashingtonHawaii Office of Consumer Protection

Official Sources

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