source:
  type: regulation
  id: tila-15usc-1639a
  authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639a — Duty of servicers of residential mortgages
  description: 'TILA (Truth in Lending Act, 15 U.S.C.), §1639a Duty of servicers of residential mortgages. Captured
    section-complete from Cornell LII (verbatim).

    '
obligations:
- id: tila-15usc-1639a-a
  canonical_id: tila-15usc-1639a-a
  section: 15 U.S.C. §1639a(a)
  description: 'Duty of servicers of residential mortgages — (a): (a) In general Notwithstanding any other provision
    of law, whenever a servicer of residential mortgages agrees to enter into a qualified loss mitigation plan with
    respect to 1 or more residential mortgages originated before May 20, 2009 , including mortgages held in a securitization
    or other investm…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639a
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639a
    snapshot_id: c08727e022aa3c77
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:ac70e18715bee2d1271b96920c4adc12ae72290cc10f75e8bdbe89813c1cc7a0
    paragraph_quote: '(a) In general Notwithstanding any other provision of law, whenever a servicer of residential
      mortgages agrees to enter into a qualified loss mitigation plan with respect to 1 or more residential mortgages
      originated before May 20, 2009 , including mortgages held in a securitization or other investment vehicle—
      (1) to the extent that the servicer owes a duty to investors or other parties to maximize the net present
      value of such mortgages, the duty shall be construed to apply to all such investors and parties, and not to
      any individual party or group of parties; and (2) the servicer shall be deemed to have satisfied the duty
      set forth in paragraph (1) if, before December 31, 2012 , the servicer implements a qualified loss mitigation
      plan that meets the following criteria: (A) Default on the payment of such mortgage has occurred, is imminent,
      or is reasonably foreseeable, as such terms are defined by guidelines issued by the Secretary of the Treasury
      or his designee under the Emergency Economic Stabilization Act of 2008 [ 12 U.S.C. 5201 et seq.]. (B) The
      mortgagor occupies the property securing the mortgage as his or her principal residence. (C) The servicer
      reasonably determined, consistent with the guidelines issued by the Secretary of the Treasury or his designee,
      that the application of such qualified loss mitigation plan to a mortgage or class of mortgages will likely
      provide an anticipated recovery on the outstanding principal mortgage debt that will exceed the anticipated
      recovery through foreclosures.'
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639a subsection (a) from Cornell LII snapshot c08727e022aa3c77;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639a-b
  canonical_id: tila-15usc-1639a-b
  section: 15 U.S.C. §1639a(b)
  description: 'Duty of servicers of residential mortgages — (b): (b) No liability A servicer that is deemed to
    be acting in the best interests of all investors or other parties under this section shall not be liable to
    any party who is owed a duty under subsection (a)(1), and shall not be subject to any injunction, stay, or other
    equitable relief to such party, b…'
  type: dont
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639a
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639a
    snapshot_id: c08727e022aa3c77
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:ac70e18715bee2d1271b96920c4adc12ae72290cc10f75e8bdbe89813c1cc7a0
    paragraph_quote: (b) No liability A servicer that is deemed to be acting in the best interests of all investors
      or other parties under this section shall not be liable to any party who is owed a duty under subsection (a)(1),
      and shall not be subject to any injunction, stay, or other equitable relief to such party, based solely upon
      the implementation by the servicer of a qualified loss mitigation plan .
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639a subsection (b) from Cornell LII snapshot c08727e022aa3c77;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639a-c
  canonical_id: tila-15usc-1639a-c
  section: 15 U.S.C. §1639a(c)
  description: 'Duty of servicers of residential mortgages — (c): (c) Standard industry practice The qualified loss
    mitigation plan guidelines issued by the Secretary of the Treasury under the Emergency Economic Stabilization
    Act of 2008 [ 12 U.S.C. 5201 et seq.] shall constitute standard industry practice for purposes of all Federal
    and State laws.'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639a
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639a
    snapshot_id: c08727e022aa3c77
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:ac70e18715bee2d1271b96920c4adc12ae72290cc10f75e8bdbe89813c1cc7a0
    paragraph_quote: (c) Standard industry practice The qualified loss mitigation plan guidelines issued by the
      Secretary of the Treasury under the Emergency Economic Stabilization Act of 2008 [ 12 U.S.C. 5201 et seq.]
      shall constitute standard industry practice for purposes of all Federal and State laws.
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639a subsection (c) from Cornell LII snapshot c08727e022aa3c77;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639a-d
  canonical_id: tila-15usc-1639a-d
  section: 15 U.S.C. §1639a(d)
  description: 'Duty of servicers of residential mortgages — (d): (d) Scope of safe harbor Any person, including
    a trustee, issuer, and loan originator, shall not be liable for monetary damages or be subject to an injunction,
    stay, or other equitable relief, based solely upon the cooperation of such person with a servicer when such
    cooperation is necessary for the…'
  type: dont
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639a
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639a
    snapshot_id: c08727e022aa3c77
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:ac70e18715bee2d1271b96920c4adc12ae72290cc10f75e8bdbe89813c1cc7a0
    paragraph_quote: (d) Scope of safe harbor Any person, including a trustee, issuer, and loan originator, shall
      not be liable for monetary damages or be subject to an injunction, stay, or other equitable relief, based
      solely upon the cooperation of such person with a servicer when such cooperation is necessary for the servicer
      to implement a qualified loss mitigation plan that meets the requirements of subsection (a).
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639a subsection (d) from Cornell LII snapshot c08727e022aa3c77;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639a-e
  canonical_id: tila-15usc-1639a-e
  section: 15 U.S.C. §1639a(e)
  description: 'Duty of servicers of residential mortgages — (e): (e) Reporting Each servicer that engages in qualified
    loss mitigation plans under this section shall regularly report to the Secretary of the Treasury the extent,
    scope, and results of the servicer’ s modification activities. The Secretary of the Treasury shall prescribe
    regulations or guidance spec…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639a
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639a
    snapshot_id: c08727e022aa3c77
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:ac70e18715bee2d1271b96920c4adc12ae72290cc10f75e8bdbe89813c1cc7a0
    paragraph_quote: (e) Reporting Each servicer that engages in qualified loss mitigation plans under this section
      shall regularly report to the Secretary of the Treasury the extent, scope, and results of the servicer’ s
      modification activities. The Secretary of the Treasury shall prescribe regulations or guidance specifying
      the form, content, and timing of such reports.
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639a subsection (e) from Cornell LII snapshot c08727e022aa3c77;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639a-f
  canonical_id: tila-15usc-1639a-f
  section: 15 U.S.C. §1639a(f)
  description: 'Duty of servicers of residential mortgages — (f): (f) Definitions As used in this section— (1) the
    term “ qualified loss mitigation plan ” means— (A) a residential loan modification, workout, or other loss mitigation
    plan, including to the extent that the Secretary of the Treasury determines appropriate, a loan sale, real property
    disposition, tria…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639a
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639a
    snapshot_id: c08727e022aa3c77
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:ac70e18715bee2d1271b96920c4adc12ae72290cc10f75e8bdbe89813c1cc7a0
    paragraph_quote: (f) Definitions As used in this section— (1) the term “ qualified loss mitigation plan ” means—
      (A) a residential loan modification, workout, or other loss mitigation plan, including to the extent that
      the Secretary of the Treasury determines appropriate, a loan sale, real property disposition, trial modification,
      pre-foreclosure sale, and deed in lieu of foreclosure, that is described or authorized in guidelines issued
      by the Secretary of the Treasury or his designee under the Emergency Economic Stabilization Act of 2008 [
      12 U.S.C. 5201 et seq.]; and (B) a refinancing of a mortgage under the Hope for Homeowners program; (2) the
      term “ servicer ” means the person responsible for the servicing for others of residential mortgage loans
      (including of a pool of residential mortgage loans); and (3) the term “ securitization vehicle ” means a trust,
      special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation
      certificates, or similar instruments backed by or referring to a pool of assets that includes residential
      mortgages (or instruments that are related to residential mortgages such as credit-linked notes).
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639a subsection (f) from Cornell LII snapshot c08727e022aa3c77;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639a-g
  canonical_id: tila-15usc-1639a-g
  section: 15 U.S.C. §1639a(g)
  description: 'Duty of servicers of residential mortgages — (g): (g) Rule of construction No provision of subsection
    (b) or (d) shall be construed as affecting the liability of any servicer or person as described in subsection
    (d) for actual fraud in the origination or servicing of a loan or in the implementation of a qualified loss
    mitigation plan , or for the v…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639a
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639a
    snapshot_id: c08727e022aa3c77
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:ac70e18715bee2d1271b96920c4adc12ae72290cc10f75e8bdbe89813c1cc7a0
    paragraph_quote: (g) Rule of construction No provision of subsection (b) or (d) shall be construed as affecting
      the liability of any servicer or person as described in subsection (d) for actual fraud in the origination
      or servicing of a loan or in the implementation of a qualified loss mitigation plan , or for the violation
      of a State or Federal law, including laws regulating the origination of mortgage loans, commonly referred
      to as predatory lending laws. ( Pub. L. 90–321, title I, § 129A , as added Pub. L. 110–289, div. A, title
      IV, § 1403 , July 30, 2008 , 122 Stat. 2809 ; renumbered § 129 and amended Pub. L. 111–22, div. A, title II,
      § 201(b) , May 20, 2009 , 123 Stat. 1638 ; renumbered § 129A, Pub. L. 111–203, title XIV, § 1402(a)(1) , July
      21, 2010 , 124 Stat. 2138 .)
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639a subsection (g) from Cornell LII snapshot c08727e022aa3c77;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
