Section 45-90(2) defines "servicer" by incorporating the definition used in the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(i), which defines "servicer" as "the person responsible for servicing of a loan (including the person who makes or holds a loan if such person also services the loan)." 12 U.S.C. § 2605(i)(2) (2018) ; see also In re Saeed, No. 10-10303, 2010 WL 3745641, at *2 (Bankr. M.D.N.C. Sept. 17, 2010). Further a "home loan" is:

Under North Carolina law, any fee that is incurred by a servicer must be "assessed within 45 days of the date on which the fee was incurred," and be explained clearly and conspicuously in a statement mailed to the borrower's last known address within 30 days after assessing the fee. N.C. Gen. Stat. § 45-91. Non-compliance with these statutory requirements waives these fees. N.C. Gen. Stat. § 45-91(3); In re Saeed, No. 10-10303, 2010 WL 3745641, at *3 (Bankr. M.D.N.C. Sept. 17, 2010). These statutory requirements apply regardless of whether the borrower is in bankruptcy, and a bankruptcy court will disallow a claim for fees if a servicer fails to comply with these statutory requirements.