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63 before evaluating a mortgage borrower for a loss-mitigation option, such as a loan modification or short sale. However, the FAQs stipulate that CARES Act forbearance qualifies as a "short-term repayment forbearance program" under Regulation X. A servicer may offer a short-term payment forbearance program or a short-term repayment plan to a borrower, based upon an evaluation of an incomplete loss mitigation application. e FAQs go a step further in stating that a servicer may offer any loss-mitigation options to a borrower who has not submitted an application at all. e FAQs address communications requirements associated with short-term payment forbearance. e FAQs provide that "until further notice" servicers will not be cited in an examination or that the agencies intend to take supervisory or enforcement action for failing to provide acknowledgement notice within the five days of application for forbearance. e only qualifier is that servicers should make a good faith effort to provide notices and take the related actions within a reasonable time. Subsequent notices provided to the borrower provide information detailing the specific payment terms; duration of the program or plan; that the program or plan is based on an evaluation of an incomplete application; that other loss mitigation options may be available, and that the borrower has the option to submit a complete loss-mitigation application to receive an evaluation for all available options, regardless of whether the borrower accepts the short-term program or plan. Servicers are required to provide the second communication in cases where the borrower remains delinquent near the end of the forbearance program or repayment plan. e servicer must contact the borrower prior to the end of the forbearance period and determine whether the borrower needs to complete the loss-mitigation application and proceed with a full loss-mitigation evaluation. e CFPB allows servicers the flexibility to add language to the subsequent notices to clarify why they are offering short-term options and to help avoid borrower confusion. e FAQs state that servicers are under no requirement to tailor the first or second communications and may use similar content to conserve resources during the pandemic. Early Inter vention Requirements: Four questions relative to early intervention requirements are addressed in the FAQs. e first two questions address whether servicers are required to comply with live contact requirements and early intervention written notice requirements, and they clarify the associated timelines in Regulation X, 12 CFR 1024.39(a) and (b). Similar to the agencies' position on notifications, compliance with live contact and provision of the 45-day letter is generally expected. e FAQs clarify that the agencies have agreed that they do not intend to cite in an examination or bring an enforcement action against servicers for delays in establishing or making good faith efforts to establish live contact and provide written notice. e focus during the pandemic is on "good faith efforts" which, the FAQs clarify, consist of "reasonable steps, under the circumstances" that are defined as "calling the borrower on more than one occasion or sending written or electronic communication encouraging the borrower to establish live contact with the servicer." e FAQs also contextualize what might constitute good faith, suggesting that the servicer should consider the length of a borrower's delinquency, as well as a borrower's failure to respond to a servicer's repeated attempts at communication. Servicers will be considered in compliance with the early intervention live contact requirements if the servicer has established and is maintaining ongoing contact with a borrower under the loss mitigation procedures. e FAQs remind that live contact requirements are not applicable when a borrower is performing as agreed under a loss mitigation. e third and fourth questions address whether a servicer must comply with early intervention, live contact, and written notice requirements if the borrower is participating in CARES Act forbearance. e FAQs explain that the answers to these questions depend on circumstances, noting that borrowers can request a CARES Act forbearance regardless of delinquency status. More direct to the point here is that if the borrower is delinquent, the servicer must comply with early intervention requirements. The agencies have agreed that they do not intend to cite in an examination or bring an enforcement action against servicers for delays in establishing or making good faith efforts to establish live contact and provide written notice. The focus during the pandemic is on "good faith efforts."

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