; or (ii) a borrower— (I) declines to be considered for a loan modification in writing or declines an affordable modification in writing; or (II) does not respond to the servicer’s outreach activities (as defined by the Bureau) to obtain underlying information to complete an application or fails to make a trial or permanent loan modification payment. For purposes of clause (i), a pooling and servicing agreement is any contract establishing the transaction rights and duties of the parties to any mortgage-backed securitization transaction. (C) Bar to foreclosure Failure to comply with the requirements of this paragraph shall be a bar to the foreclosure of a mortgage, deed of trust, or substantially similar instrument. (D) Fees (i) Waiver of late fees If a borrower’s application for affordable loan modification assistance is accepted, the servicer shall waive any foreclosure fees and any late fees related to the delinquency in payment. (ii) No fee accrual while application is pending A borrower shall not accrue additional late or foreclosure fees during the period beginning on the date that the borrower submits an affordable loan modification application and the date on which the servicer makes a determination on such application. (E) Notification With respect to a foreclosure sale that is postponed by reason of this subsection, the servicer shall notify the borrower in writing of such postponement and, if a date for such foreclosure sale is rescheduled, shall notify the borrower in writing of the new foreclosure sale date. (F) Certification of determination of eligibility required for sale (i) Sale of property prohibited If the servicer of a mortgage does not file a certification with the appropriate land records office in the jurisdiction where the property securing the mortgage is located, stating that the servicer has determined the eligibility of the mortgagor for an affordable loan modification in compliance with this subsection— (I) the mortgagee may not sell the property securing the mortgage