MReport September 2017

TheMReport — News and strategies for the evolving mortgage marketplace.

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70 | TH E M R EP O RT SERVICING THE LATEST O R I G I NAT I O N S E R V I C I N G DATA G O V E R N M E N T S E C O N DA R Y M A R K E T NMSA Urges FCC to Clarify Definition of Robocalling T he National Mortgage Servicing Association (NMSA) issued com- mentary in August to the Federal Communications Commission (FCC) on a Notice of Proposed Rule Making and Notice of Inquiry in regard to preventing illegal robocalls. In its official statement, the NMSA applauds the FCC's desire to prevent robocalls made by ser- vicers but urges the commission to go one step further by clarify- ing the definition. Currently, the FCC defines robocalls by referring to a previously proposed descrip- tion set forward by the "Robocall Strike Force," which was estab- lished at the request of former Chairman Tom Wheeler in 2016: "An 'illegal robocall' is one that violates the requirements of the Telephone Consumer Protection Act of 1991, the related FCC regu- lations implementing the act, or the Telemarketing Sales Rule, as well as any call made for the purpose of defrauding the customer, as pro- hibited under a variety of federal and state laws and regulations." NMSA believes that ambigu- ity in the language and lack of defining terminology leaves open the possibility of inconsistency. The organization further urges the FCC to adopt language that clearly defines a robocall as: "Any telephone call to a tele- phone number using an artificial voice or prerecorded message where a live person is not on the line and available to communicate with the intended recipient of the call at the time of connection to the telephone number called." Currently, mortgage servicers are not considered exempt from the laws outlined in the Telephone Consumer Protection Act (TCPA), despite efforts to petition the FCC otherwise back in June 2016. The FCC ruled that the importance of dissemination of information about delinquen- cies to consumers did not warrant setting aside privacy concerns. Further, because consumers could revoke consent so easily, mortgage servicers could be at risk for hefty fines for each call. A standard def- inition of a robocall would be in the interest of both the industry and the consumer. "We applaud the FCC's active engagement in protecting consum- ers," said Ed Delgado, President and CEO of the Five Star Institute. "It is this shared interest that drives NMSA to continue to work towards shaping the American housing industry for the benefit of homeowners, and while there is more work to be done, this contin- ued dialogue between concerned members of the industry and regulatory institutions is a step in the right direction." LOCAL EDITION Codilis Firm Changes its Lone Star State Address TEXAS // The attorneys and staff of Codilis & Stawiarski, P.C. have announced that the firm has changed its office location, effective immediately, to a new address: 400 N. Sam Houston Parkway E., Suite 900-A, Houston, Texas 77060. Codilis & Stawiarski was founded in 1988 and serves the needs of mortgage lenders and servicers throughout the Lone Star State. For more than 25 years, the firm has been providing full-ser- vice foreclosure, bankruptcy, evic- tion, and REO services in Texas. The firm is a Legal League 100 member and offers litigation servic- es to its clients through all phases of litigation and appeal. Its cradle- to-grave approach reduces com- mon delays and efficiently resolves exceptions. Codilis & Stawiarski's management team brings on aver- age 15 years of experience to every matter that it handles. With an innovative staff, along with exclusive, custom case- management system, the firm maintains a consultative approach to default mortgage services, pro- viding solutions and legal support. In what can feel like a dog-eat- dog industry, this firm offers a more humane approach to all of its locations across the nation. In what can feel like a dog-eat- dog industry, this firm offers a more humane approach to all of its locations across the nation.

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