N.Y. Comp. Codes R. & Regs. Tit. 3 § 419.5

Issue 51 ， and it meets one of the following conditions: (1) the fee is expressly authorized andclearly and conspicuously disclosed by the loan instruments and not prohibitedby law; (2) the fee is expresslypermitted by law and not prohibited by the loan instruments; or (3) the fee is not prohibited by law or theloan instruments and is for a specific service requested by the borrower thatis assessed only after disclosure of the fee is provided to the borrower andthe borrower expressly consents to pay the fee in exchange for theservice. (c) Attorneys' fees. In addition to the limitations in subdivision (b) of thissection and Civil Practice Law and Rules section 3408(h)， late fees shall be in accordance withand not exceed the two percent limit as specified in the Real Property Lawsection 254-b. (3) Late fees shallnot be: (i) based on an amount greater thanthe past due amount; (ii) collectedfrom the escrow account or from escrow surplus without the approval of theborrower; (iii) deducted from anyregular payment; or (iv) assessedif a borrower is making timely trial modification payments. (e) Propertyvaluation fees. (1) Except as providedin paragraph (2) of this subdivision， areinstatement or loan satisfaction: (1) the fee must be reasonable and customaryfor work that is actually performed by an attorney; and (2) the fee and a breakdown of the tasksperformed must be disclosed to the borrower prior to entering into theagreement governing the loss mitigation option， (a) Scheduleof fees. A servicer shall maintain and keep current a schedule ofstandard or common fees that may be charged to a borrower. A servicer shallmake its schedule available on its public website and to a borrower uponrequest. The schedule shall identify each fee， provide a plain languageexplanation of when and why the fee will be charged and state the amount of thefee or range of amounts or， eff.12/18/2019 ， a servicer shall not charge a propertyvaluation fee to a borrower more than once in a 12-month period. (2) A servicer may charge a reasonable feefor a property valuation to facilitate a borrower's application for a lossmitigation option provided that the servicer has already provided withoutcharging a fee one property valuation within preceding 12-monthperiod. (f) Statements. A fee shall not be charged to a borrower for the annualescrow statement or for one payment history furnished to a borrower in a12-month period. Notes N.Y. Comp. Codes R. & Regs. Tit. 3§ 419.5 Amended NewYork State Register December 18。

if there is no standard fee， the following rulesapply to attorneys' fees charged in connection with a loss mitigation option。

andany subsequent payment is otherwise a full payment for the applicable periodand is paid on its due date or within any applicable grace period. (2) Except for loans or forbearances insuredby the Federal Housing Commissioner or for which a commitment to insure hasbeen made by the Federal Housing Commissioner or to any loan or forbearanceinsured or guaranteed pursuant to the provisions of an act of congress entitledServicemen's Readjustment Act of 1944，。

reinstatement or loansatisfaction. (d) Late and delinquency fees. (1) Aservicer shall not impose any late or delinquency fee when the only delinquencyis attributable to late or delinquency fees assessed on an earlier payment， how the fee iscalculated or determined. (b) Authorized fees. A servicer may only collect a fee if it is for a servicethat is actually rendered to the borrower， reasonably related to the cost ofrendering that service， 2019/Volume XLI。