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Servicers are facing a sharp cost divide between performing and non-performing loans. Industry data since 2022 show expenses exceeding $1,800 per non-performing loan compared with $176 for performing loans, underscoring the resource intensity of litigation, documentation, and loss mitigation. This widening gap signals that managing default is becoming significantly more expensive and may reshape how lenders allocate resources.
Regulatory oversight is adding to these pressures. A 2024 FSOC (Financial Stability Oversight Council) report highlighted that nonbank servicers face growing legal and compliance risks tied to changing foreclosure laws and borrower-protection mandates. These shifts often extend foreclosure timelines and increase exposure, particularly in jurisdictions with evolving statutory frameworks.
Compliance errors can create further strain. ICE Mortgage Technology reported in March 2025 that fee compliance errors under TRID (TILA-RESPA Integrated Disclosure) can cost lenders over $1 million per 1,000 loans, with nearly 40% of loans impacted by fee “cures” for tolerance violations. To respond, some servicers are turning to automation, outsourcing, and centralized monitoring as cost-control strategies that also safeguard compliance.
DISCLAIMER
This publication may constitute attorney advertising under the laws and rules of professional conduct of one or more states. The information provided in this publication is for general informational purposes only and does not constitute legal advice. The contents are not intended to be a substitute for professional legal advice, consultation, or representation. No attorney-client relationship is formed by reading or relying on this publication. Prior results do not guarantee a similar outcome. Readers should consult a qualified attorney for advice regarding their individual circumstances or any specific legal questions they may have.
If you have questions about this publication, please contact Adam Friedman, Ralph Vartolo or Michael DeRosa,
Friedman Vartolo LLP, 1325 Franklin Avenue, Suite 160, Garden City, NY 11530, Phone: (212) 471-5100 | Fax: (212) 471-5150.




