(a) determines that the default trustor qualifies for the foreclosure relief for which the default trustor has applied; and (b) enters into a written agreement with the default trustor to implement the foreclosure relief. (10) This section may not be construed to require a beneficiary or servicer to: (a) establish foreclosure relief; or (b) approve an application for foreclosure relief submitted by a default trustor. (11) A beneficiary and servicer shall each take reasonable measures to ensure that their respective practices in the foreclosure of owner-occupied residential property and any foreclosure relief with respect to a loan: (a) comply with all applicable federal and state fair lending statutes; and (b) ensure appropriate treatment of default trustors in the foreclosure process. (12) A beneficiary or servicer is considered to have complied with the requirements of this section if the beneficiary or servicer designates and uses assigned personnel in compliance with 12 C.F.R. 1024, Real Estate Settlement Procedures Act, or other federal law, rules, regulations, guidance, or guidelines governing the beneficiary or servicer and issued by, as applicable, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, or the Consumer Financial Protection Bureau. (13) The failure of a beneficiary or servicer to comply with a requirement of this section does not affect the validity of a trustee's sale of the trust property to: (a) a bona fide purchaser; or (b) a beneficiary of the trust deed after the trust property is sold to a bona fide purchaser. (14) Subsection (13) does not affect: (a) a beneficiary's or a servicer's liability under applicable law; or (b) a default trustor's right to pursue other available remedies, including money damages, against a beneficiary or a servicer.
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