N.Y. Comp. Codes R. & Regs. tit. 3 § 422.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 422.7 - Federal law and Federal guidelines

(a) Where a specific provision of RPA PL 1308 is directly inconsistent with a Federal law or court order, the inconsistent provision of RPA PL 1308 shall not be applied to the mortgagee. Instead, the mortgagee's compliance with RPA PL 1308 shall be evaluated by reference to the applicable Federal law or court order.

(b) Where a specific provision of RPA PL 1308 imposes an obligation on a mortgagee that is greater than what is imposed by a provision in a Federal law or court order, the specific provision of RPA PL 1308 shall not be deemed to be directly inconsistent with the Federal law or court order.

(c) Where a specific provision of RPA PL 1308 imposes an obligation on a mortgagee and there is no similar provision in a Federal law or court order, the specific provision of RPA PL 1308 shall not be deemed to be directly inconsistent with the Federal law or court order

(d) Where the Federal National Mortgage Association requires that the servicing of a specific mortgage comply with the investor or insurer guidelines issued by Federal National Mortgage Association, compliance with the property preservation requirements included in such guidelines as they exist on December 20, 2016, shall be deemed to be in compliance with section 1308. If the property preservation requirements included in the investor or insurer guidelines issued by Federal National Mortgage Association change after December 20, 2016, compliance with such future property preservation requirements shall be deemed to be in compliance with section 1308 only if the future property preservation requirements impose the same or greater property preservation requirements as compared to the requirements included in guidelines in effect on December 20, 2016.

(e) Where the Federal Home Loan Mortgage Corporation requires that the servicing of a specific mortgage comply with the investor or insurer guidelines issued by Federal Home Loan Mortgage Corporation, compliance with the property preservation requirements included in such guidelines as they exist on December 20, 2016, shall be deemed to be in compliance with section 1308. If the property preservation requirements included in the investor or insurer guidelines issued by Federal Home Loan Mortgage Corporation change after December 20, 2016, compliance with such future property preservation requirements shall be deemed to be in compliance with section 1308 only if the future property preservation requirements impose the same or greater property preservation requirements as compared to the requirements included in guidelines in effect on December 20, 2016.

N.Y. Comp. Codes R. & Regs. Tit. 3 § 422.7

Adopted New York State Register December 21, 2016/Volume XXXVIII, Issue 51, eff.12/21/2016