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December 2, 2016 - Inside FHA/VA Lending

CFPB Issues New Exam Procedures For Reverse Mortgage Servicing

The Consumer Financial Protection Bureau has ditched the antiquated method for assessing servicer compliance with reverse mortgage-servicing rules in favor of new examination procedures. Depending on the scope, each reverse mortgage-servicing exam will include one or more of eight modules covering various facets of reverse mortgage servicing. There are two kinds of reverse mortgages. The FHA, under the Home Equity Conversion Mortgage program, insures most reverse mortgages. As with other FHA mortgage products, it has a maximum loan amount. Some lenders also offer proprietary (non-HECM) reverse mortgages, which are designed generally for borrowers with higher home values and more equity, the CFPB noted. Proprietary reverse mortgages are not federally insured. However, companies that offer them copy the consumer protections found in the HECM program, including ...


December 1, 2016 - Inside Mortgage Finance

Trump Administration, Republican Control of Congress Present Mixed Bag for Mortgage Industry Participants

Lenders and servicers are likely to see some regulatory relief in the coming years though federal support for the housing market could also be reduced, according to officials at the Mortgage Bankers Association. The MBA’s Mortgage Action Alliance recently hosted a call with MBA officials providing projections for how the Trump administration and Republican control of Congress will impact the mortgage industry. “Things that were deemed impossible before the election are now in play,” said Meghan Sullivan, the MBA’s Senate Republican lobbyist. She said...


November 28, 2016 - Inside the CFPB

Other News in Brief

Securitization Group Meets with CFPB Officials. Earlier this month, staff and members of the Structured Finance Industry Group met with CFPB Director Richard Cordray and other senior officials to talk about the state of the non-agency mortgage securities market and some of the factors hampering its return.... Mortgage Lenders Meet With Bureau, Other Regulators, to Discuss Diversity, Inclusion. A small group of mortgage lenders recently met with staff of the CFPB, the Federal Reserve, the Federal Deposit Insurance Corp., the Federal Housing Finance Agency and the Office of the Comptroller of the Currency to discuss best practices on how to develop and maintain diversity and inclusion programs within the mortgage industry, according to an account by the Mortgage Bankers Association....


November 28, 2016 - Inside the CFPB

Dems Worried GOP Will Gut Dodd-Frank Via Funding Bill

The leading Democrats on the Senate Banking, Housing and Urban Affairs Committee and the House Financial Services Committee urged Congressional leaders earlier this month to reject any Republican attempts to use so-called must-pass government appropriations legislation to scale back the Dodd-Frank Act and the CFPB. In a letter sent to Senate and House leaders of both parties earlier this month, Sen. Sherrod Brown, D-OH, and Rep. Maxine Waters, D-CA, said they will oppose ideological policy riders to year-end funding legislation aimed at rolling back the consumer protections of Dodd-Frank. “Specially, Congress must not include in end-of-year funding legislation any riders designed to repeal, undermine or delay any provisions of Wall Street reform, including those targeted at the CFPB and the ...


November 28, 2016 - Inside the CFPB

New Bureau Report Details Problems With VA Refi Lending

Roughly 14 percent of the 12,500 mortgage complaints the CFPB has received to date from U.S. military personnel, veterans and their dependents involve problems with refinancing, and the issues they face have been changing over time, according to a new report from the bureau. “As the housing market has rebounded, we hear less about veterans struggling to refinance their loans when facing a financial hardship or imminent default and more about the problems associated with refinancing when they are using it as a tool to get potentially more favorable loan terms,” the CFPB document stated. The agency then delved into some of the specific gripes being lodged against mortgage companies. “We receive many complaints from veterans who believe they are ...


November 28, 2016 - Inside the CFPB

TRID 2.0: The Comments - Industry Supports ‘Rebaselining’ Proposal, But Voices Caution

Some top industry players support the CFPB’s proposed amendment to its existing TRID rule that clarifies a lender’s ability to use a revised closing disclosure (CD) to reset tolerance baselines for fees and charges, as long as there are valid changes of circumstances. However, they think a few simple tweaks could maximize the usefulness of the change without creating an incentive for lenders to act in such a way as to defeat the bureau’s intention. The proposal clarifies that the authority to “rebaseline” exists for all CDs – not just the initial CD – and that for any CD issued after the first one, there is no timing requirement, and no timing limitation on the issuance of the initial CD. That means ...


November 28, 2016 - Inside the CFPB

TRID 2.0: The Comments - More Clarity Needed for TRID Effective Dates, Industry Says

Another area in which the CFPB sought industry input in its TRID clarifying rulemaking process is whether the proposed 120-day implementation period, starting from final publication in the Federal Register, will be adequate. Some industry commenters essentially said no. Others basically said, it depends. Wells Fargo was one of the commenters that fell into the former camp. “[S]ome of the clarifications in this proposal have already been implemented by the majority of the industry based on previous informal guidance from the bureau,” said the lender. “However, this proposal also contains a number of changes that are new or that are being proposed with more detailed direction than previously offered.” Some examples the lender cited were the proposed expansion to the ...


November 28, 2016 - Inside the CFPB

TRID 2.0: The Comments - More Changes Needed to TRID’s Cash-to-Close Table, Industry Says

The CFPB has made progress in its regulatory treatment of the cash-to-close table as reflected in its proposed rule to clarify aspects of its integrated disclosure rule, but more needs to be done, some leading industry groups said. “The cash-to-close sections of the Loan Estimate and Closing Disclosure represent some of the most challenging aspects of the TRID rule,” said the Real Estate Services Providers Council in a comment letter to the bureau. “The industry had noted that a failure of the prior disclosures was that they did not provide for disclosing to the consumer the lender’s estimate of the cash that he or she would need to close the loan,” it added. Further, the industry did not indicate that ...


November 28, 2016 - Inside the CFPB

TRID 2.0: The Comments - Industry Weighs in on Disclosing Lender and Seller Credits

As part of its TRID 2.0 clarifying rulemaking, the CFPB sought comment on whether lenders should have the option of disclosing lender or seller credits as either credits specific to particular charges or general credits applicable to settlement costs. The Mortgage Bankers Association suggested the CFPB give lenders options and not settle on one approach. “Some lenders would prefer a single approach; others indicate that optionality is likely necessary,” the trade group said in a recent comment letter. It noted that seller credits are governed by sales contracts between the buyer and seller, and that local custom frequently comes into play as to who pays a specific fee, such as owner’s title insurance. “Similarly, the particular application of lender credits ...


November 28, 2016 - Inside the CFPB

Election Results May Foster More Aggressive State Enforcement

With the CFPB widely expected to be less aggressive on the enforcement front in the wake of the elections earlier this month, the industry is being warned to be wary of a potentially more activist posture on the part of various state government agencies. Since the elections, “there has been much discussion of how expected changes under a Trump administration are likely to reduce the CFPB’s impact, particularly in the enforcement arena,” Ballard Spahr partner Alan Kaplinsky wrote in a recent online blog post. Little attention, however, has been paid to the implications of the election’s results for the role of state attorneys general and state financial services regulators in enforcing federal and state consumer financial protection laws, he added....


November 28, 2016 - Inside the CFPB

CFPB Files Appeal in High-Stakes, High-Profile Dispute With PHH

With CFPB Director Richard Cordray’s tenure possibly on the line while a pro-business President-elect Donald Trump works on staffing up his incoming administration, the bureau earlier this month filed its highly anticipated appeal to the full U.S. Court of Appeals for the District of Columbia Circuit in its long-running dispute with PHH Corp. Back in mid-October, in PHH Corp. v. CFPB, a three-judge panel of the court nixed the agency’s $109 million penalty against the lender under the Real Estate Settlement Procedures Act, and determined that the CFPB’s leadership structure was unconstitutional because it is run by a sole director who can only be removed for cause. While an appeal by the bureau was widely expected, the issue took on ...


November 23, 2016 - Inside Mortgage Finance

FCC Denies MBA Petition Seeking Exemption From Protections Under Telephone Consumer Protection Act

The Federal Communications Commission last week denied a request from the Mortgage Bankers Association to exempt calls from mortgage servicers to borrowers from provisions of the Telephone Consumer Protection Act. Officials at the MBA said the denial was unexpected. Among other issues, the petition had received some support from the Consumer Financial Protection Bureau and the Federal Housing Finance Agency. The TCPA and FCC rules prohibit...


November 23, 2016 - Inside Mortgage Finance

CFPB Asks Appeals Court to Reconsider Questions of Constitutionality, Legality of Tying Arrangements

The Consumer Financial Protection Bureau late last week filed its much-anticipated petition with the U.S. Court of Appeals for the DC Circuit to reconsider some of the key holdings made by a three-judge panel of the court against the agency in PHH Corp. v. CFPB back in mid-October. One such holding was the panel’s determination that the CFPB’s leadership structure is unconstitutional because it is run by a sole director who can only be removed by the president for cause. While an appeal by the bureau was widely expected, the issue took on a new urgency after Republican real estate developer Donald Trump won the presidential election. In its petition, the CFPB asserted...


November 18, 2016 - Inside Nonconforming Markets

Contradiction Seen in Standards for Non-QMs

The Consumer Financial Protection Bureau’s recent actions against an unspecified number of lenders that offer non-qualified mortgages prompted some criticism about how the regulator enforces standards in the ability-to-repay rule. The CFPB cited lenders for originating non-QMs that allowed “alternative income documentation” for salaried borrowers. The CFPB said the products offered by the lenders relied primarily on the assets of each borrower when making an ATR determination ...


November 17, 2016 - Inside Mortgage Finance

Experts Predict What Financial Regulations Under a Trump Regime Will Look Like

Inside-the-Beltway analysts are predicting that financial regulation and new agency leadership posts will be a primary battleground in the incoming Trump administration. The Bipartisan Policy Center said nominating and confirming people to fill seats on financial regulatory agencies, and at the Treasury, will likely be the most important moves made by the new president and Congress. President-elect Trump wants...


November 14, 2016 - Inside the CFPB

Other News in Brief

Vendor Provides TRID-Oriented Video Content. Fast Forward Stories, a Bellingham, WA, provider of “brand-able” video content for the mortgage, title and real estate industries, recently released a download-ready library of 26 mortgage explainer videos on the CFPB’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure Rule (TRID).... ICYMI: Here’s What Happens to Fines, Penalties Levied by the CFPB. A new report from the Government Accountability Office summarizes what happens to the fines and penalties the CFPB imposes on financial institutions for mortgage-related offenses, as follows ...


November 14, 2016 - Inside the CFPB

In Brief: CFPB Calendar

Technical Changes to Electronic Fund Transfers Final Rule Take Effect. Last month, the CFPB released a final rule with correcting amendments to its Electronic Fund Transfers (Regulation E) final rule.... CFPB to Hold Field Hearing This Week on Consumer Access to Financial Records. The CFPB plans to conduct a field hearing Thursday, Nov. 17, on the topic of consumer access to financial records....


November 14, 2016 - Inside the CFPB

CFPB’s Enforcement, UDAAP Authority at Stake in PHH Case

The recent decision by the U.S. Court of Appeals for the District of Columbia Circuit in the dispute between the CFPB and PHH Corp. has some significant enforcement implications for the bureau, according to a top compliance attorney. At stake in particular is the bureau’s authority to enforce federal consumer financial protection laws as well as the Consumer Financial Protection Act (CFPA) prohibition of unfair, deceptive, or abusive acts or practices (UDAAP). In a recent client note, Barbara Mishkin, of counsel in the Philadelphia office of the Ballard Spahr law firm, noted that among the court’s findings was that the Real Estate Settlement Procedures Act’s three-year statute of limitations (SOL) applies to the agency’s administrative enforcement actions. “Not only did ...


November 14, 2016 - Inside the CFPB

CFPB Issues Some HMDA Data Reminders for the Coming Year

The CFPB’s latest supervisory highlights report provides some Home Mortgage Disclosure Act data collection and reporting reminders for 2017. For starters, beginning with HMDA data collected in 2017 and submitted in 2018, responsibility to receive and process HMDA data will transfer from the Federal Reserve Board to the CFPB. “The HMDA agencies have agreed that a covered institution filing HMDA data collected in or after 2017 with the CFPB will be deemed to have submitted the HMDA data to the appropriate federal agency,” the bureau stated. (The HMDA agencies are the CFPB, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corp., the Fed, the National Credit Union Administration, and the Department of Housing and Urban Development.) ...


November 14, 2016 - Inside the CFPB

Supervisory Report Highlights Mortgage Origination Failures

  The CFPB’s latest supervisory highlights report found instances of mortgage lender compliance management system (CMS) deficiencies, failure to verify total monthly income in determining a borrower’s ability to repay, and failure to provide timely disclosures. Regarding CMS deficiencies, bureau examiners concluded that the overall mortgage origination CMS at some institutions was weak because it allowed violations of a handful of various regulations to occur, the report stated. …


November 14, 2016 - Inside the CFPB

CFPB Responds to Industry Call For Guidance on Service Providers

The CFPB has issued an amendment to its guidance on service providers, clarifying that mortgage lenders have a degree of flexibility in deciding the appropriate course of action for managing their risk. In its revised bulletin, the bureau began by noting that it “recognizes that the use of service providers is often an appropriate business decision for supervised banks and nonbanks. “Supervised banks and nonbanks may outsource certain functions to service providers due to resource constraints, use service providers to develop and market additional products or services, or rely on expertise from service providers that would not otherwise be available without significant investment,” it added. However, the mere fact that a supervised bank or nonbank enters into a business relationship ...


November 14, 2016 - Inside the CFPB

Industry Reps Ask CFPB to Further Clarify Mortgage Servicing Rules

The Consumer Mortgage Coalition and the Mortgage Servicers Working Group last week requested guidance from the CFPB on a variety of implementation issues having to do with the bureau’s recently finalized mortgage servicing regulation. One of the things they asked for in correspondence to the bureau was confirmation that servicers may send bankruptcy statements before the regulation’s effective date, even if the servicers are not currently sending them. On the issue of short-term loss mitigation, the industry participants requested clarification that, prior to Oct. 19, 2017, servicers may offer and provide short-term repayment plans without a complete loss mitigation application, and without continuing to exercise diligence in completing an application, provided a handful of requirements are otherwise being met. They ...


November 14, 2016 - Inside the CFPB

GSEs Endorse Aspects of TRID That Support Uniform Closing Dataset

Government-sponsored enterprises Fannie Mae and Freddie Mac recently expressed support for those portions of the CFPB’s TRID clarifying rulemaking that facilitate their Uniform Closing Dataset, which they developed to support the accurate disclosure of data on the closing disclosure. “The GSEs believe that the bureau should retain the current status of the sample forms, specifically, as model forms under the Truth in Lending Act and standard forms under the rule pursuant to authority under the Real Estate Settlement Procedures Act,” Fannie and Freddie said in a recent comment letter to the bureau. “Much of the required text of the integrated disclosure is dynamic. It is not contained in the blank forms, and instead is only illustrated when the form is ...


November 14, 2016 - Inside the CFPB

TRID 2.0 Poses Software Implementation Challenges

Implementing the changes that the CFPB is proposing to its TRID rule will involve the deployment of a considerable amount of resources, time and energy, software vendors told the bureau recently. In a comment letter sent to the bureau, DocMagic said that many of the agency’s proposed changes would require a substantial amount of reprogramming by not only technology vendors but also by creditors, investors and settlement agents. “In addition, each programming change would need to be tested to ensure the software integrations among the thousands of companies in the industry work properly,” the company said. DocMagic also pointed out that it operates SmartCLOSE, which is a collaborative closing portal that allows creditors and settlement agents to collaborate to complete ...


November 14, 2016 - Inside the CFPB

CFPB Fueling Consolidation of Community Nonbanks, Group Says

The Community Home Lenders Association told the CFPB that the existence of the bureau as a dual regulator along with state supervision of nonbank lenders is exacerbating the consolidation of such community lenders to the detriment of consumers. “In establishing and implementing mortgage rules, Congress and the CFPB have recognized the value of smaller community lender/servicers and created certain targeted exemptions, such as certain Regulation Z and Regulation X exemptions for smaller servicers,” the CHLA said. The trade organization’s remarks were delivered in a public comment letter submitted to the agency as part of the bureau’s TRID clarifying rulemaking process. The problem is, these exemptions generally are targeted towards community banks and credit unions, and legislation pending in Congress is ...


November 14, 2016 - Inside the CFPB

TRID 2.0: The Comments: Rule Causes Tension to Flare Between Industry Factions

  Some of the public comments submitted to the CFPB regarding its TRID 2.0 clarifying rulemaking highlight tensions and rivalries that have emerged between different factions in the homebuying and mortgage-making industry since the original integrated disclosure rule took effect. In its comment letter on the bureau’s proposal, one point of emphasis that JPMorgan Chase raised is that lenders need better cooperation from settlement agents. “The success of the rule largely depends on the collaboration of a…


November 14, 2016 - Inside the CFPB

Trump Win Means CFPB Will Be Defanged. But Just How Much?

Last week’s surprise presidential victory by Republican billionaire real estate developer Donald Trump means some big changes for rulemaking and enforcement activities at the CFPB, to the benefit of the financial services industry, according to the consensus of a variety of analysts and experts. The most likely changes have to do with replacing the bureau’s single director leadership structure a bipartisan commission, and subjecting the agency to the congressional appropriations process. But the tenure of the current director, Richard Cordray, also could come into play, some feel. FBR & Co. analyst Edward Mills and his team predict the agency will have a new director “following the D.C. Circuit Court of Appeals ruling [involving PHH Corp.] that allows the president to ...


November 10, 2016 - Inside Mortgage Finance

CFPB, Dodd-Frank May Be in the Crosshairs of Trump Administration, GOP-Controlled Congress

Mortgage lenders and servicers could see a dramatic change in the regulatory environment following the election of Donald Trump as president with a GOP-controlled Congress. During a campaign of many and sometimes conflicting promises, Trump vowed to repeal the Dodd-Frank Act, which would require Congressional action and, if carried out in its entirety, would abolish the Consumer Financial Protection Bureau. Some observers think a more likely outcome is a restructuring of the CFPB itself and curbing of some regulatory and enforcement actions, perhaps with new leadership. Mortgage lending issues were...


November 4, 2016 - Inside Nonconforming Markets

CFPB Urged to Formalize Guidance on TRID

Participants in the non-agency market are concerned that the Consumer Financial Protection Bureau hasn’t done enough to provide lenders and investors with certainty regarding the liability associated with the TILA-RESPA Integrated Disclosure rule. The CFPB issued a proposed rule in August that would clarify a number of concerns regarding TRID. But the bureau’s proposed rule didn’t include guidance CFPB Director Richard Cordray had detailed in a Dec. 29 letter to the Mortgage ...


November 3, 2016 - Inside Mortgage Finance

Attorneys Urge Covered Lenders to Take Advantage of the CFPB’s One-Year Window to Adjust to HMDA Changes

Collecting disaggregated race and ethnicity data a full year before the revised Home Mortgage Disclosure Act regulations become effective will benefit covered creditors as they become used to the new requirements and make the necessary system adjustments to accommodate a new wave of granular HMDA data, according to industry attorneys. A policy statement issued by the Consumer Financial Protection Bureau in late September creates a temporary safe harbor for lenders that take advantage of the one-year window – Jan. 1, 2017, through Dec. 31, 2017 – to collect disaggregated ethnic and racial information in their home-loan application if borrowers agree to provide it. Previous amendments to HMDA will require...


November 3, 2016 - Inside Mortgage Finance

Fannie, Freddie Concede Industry’s Point on UCD Reporting Burden, Postpone Requirement for a Year

After hearing lenders’ concerns about the increased reporting burden they would face from some of the changes that Fannie Mae and Freddie Mac want to make to their Uniform Closing Dataset requirements, the two government-sponsored enterprises agreed to postpone the requirement to provide the seller closing data for one year. “The GSEs understand the difficulties that acquiring the seller data presents, particularly as many lenders are still working through their processes to obtain the seller closing disclosure and data from settlement companies,” the pair said late last month in letters to the Mortgage Bankers Association. “In recognition of these challenges, the GSEs have agreed...


November 3, 2016 - Inside Mortgage Finance

Wells’ Mortgage Referral Activity Takes Hit After Cross-Selling Controversy, Bank is ‘Prepared for Things to Get Worse’

The $185.0 million settlement Wells Fargo agreed to in early September regarding retail banking sales practices has impacted the lender’s mortgage operations, according to bank officials. Timothy Sloan, Wells’ president and CEO, said mortgage referral activity declined significantly after the settlement was announced. “Mortgage referrals from retail banking, which account for 10.0 percent of our year-to-date mortgage originations, were down 24.0 percent from August to September,” he said during Wells’ recent earnings call. Sloan noted...


October 31, 2016 - Inside the CFPB

Inside the CFPB Full Issue October 31, 2016 (PDF)

View Inside the CFPB Full Issue October 31, 2016 (PDF)


October 31, 2016 - Inside the CFPB

Other News in Brief

TRID Implementation Inconsistency Among Lenders Continues to Drive Title Agent Costs. The First American Real Estate Sentiment Index for the third quarter of 2016 found that lenders are inconsistently implementing the CPFB’s integrated disclosure rule, and that is driving up costs for title agents.... Mortgage Complaints Still High, But Drop Noticeably in 3Q16 From Year-Ago Levels. The latest monthly consumer complaint report from the CFPB found that mortgages remain among the top three sore spots for borrowers, but had a noticeable drop from the third quarter of 2015 to the same period this year....


October 31, 2016 - Inside the CFPB

Groups Oppose Expanding Sharing Of Confidential Supervisory Info

Another burr under the industry’s saddle stemming from the CFPB’s recent proposal on disclosures of records and information is a proposed significant expansion of the bureau’s ability to share confidential supervisory information (CSI) with other agencies or entities. Under current rules, the bureau may disclose CSI only to the small set of federal and state agencies that have “jurisdiction over a supervised financial institution.” However, the bureau has proposed disseminating CSI to any “federal, state or foreign governmental authority, or an entity exercising governmental authority” whenever “it is relevant to the exercise of the agency’s statutory or regulatory authority.” This is extremely problematic to the industry, according to a joint comment letter submitted to the CFPB by the Consumer Mortgage ...


October 31, 2016 - Inside the CFPB

Commenters Against Proposed Restraint on Recipients of a CID

One little noticed provision of the CFPB’s recent proposal on disclosures of records and information would constrain regulated entities from sharing information about when they are being investigated by the CFPB – a concept industry representatives strongly oppose. More specifically, the proposal would restrict individual entities that are the subject of a civil investigative demand (CID) from voluntarily disclosing the receipt of such a demand, which is confidential investigative information (CII), without first getting permission from the CFPB. In a joint comment letter submitted to the CFPB, the Consumer Mortgage Coalition, the Credit Union National Association, the Independent Community Bankers of America, the Mortgage Bankers Association, and the National Association of Federal Credit Unions said they strongly oppose this component of ...


October 31, 2016 - Inside the CFPB

Mortgage Servicing Problems Persist, Cordray Tells Bankers

Mortgage servicers are going to have to bring their “A” game more consistently to the table if they wish to avoid punitive actions from the CFPB, the bureau’s director, Richard Cordray, made clear recently. Speaking to the attendees of the Mortgage Bankers Association conference in Boston last week, the nation’s top consumer regulator said it is regrettable that much of the damage done during the financial crisis to consumers and the broader economy could likely have been contained early on by more effective servicing. “A more effective system might have been up to the task of working with struggling borrowers to find appropriate ways to avoid foreclosure through loan modifications and short sales,” Cordray said. “But servicers were ill prepared ...


October 31, 2016 - Inside the CFPB

CFPB Sends HMDA Data Collection Warning to 44 Lenders, Brokers

The CFPB said last week it will issue warning letters to 44 residential lenders and mortgage brokers that are not properly collecting Home Mortgage Disclosure Act information – data that helps the agency uncover discriminatory lending practices – and advised them to review their practices and step up their compliance efforts, if need be. The bureau said it has information that appears to show they may be required to collect, record and report data about their housing-related lending activity, and that they may be in violation of those requirements. The CFPB said it identified the 44 companies by reviewing available bank and nonbank mortgage data. The identities of the 44 firms were not provided by the agency. “Financial institutions that fail to ...


October 31, 2016 - Inside the CFPB

Cordray Suggests Diagnostic Enforcement Will Continue

Comments by CFPB Director Richard Cordray at last week’s Mortgage Bankers Association conference in Boston indicate that the industry can expect the bureau’s diagnostic approach to enforcing the TRID rule will continue, apparently until further notice. “As I told you last year, in our examination work around compliance with this rule, we and the other regulators have pledged to be sensitive to the progress made by lenders that are squarely focused on making good faith efforts to come into compliance with the rule on time,” Cordray said. “We have also said that our approach would be diagnostic and corrective, not punitive. That is precisely what we are doing.” This means that the regulators will evaluate a company’s compliance management system ...


October 31, 2016 - Inside the CFPB

Tech Vendors Say the Industry Needs at Least One Year to Comply

A number of industry software and technology vendors told the CFPB they must have a minimum of one year to fully test and comply with all the changes the agency wants to implement with its TRID clarifying proposed rule. Computer systems and software vendor Jack Henry & Associates said that due to the nature of these proposed changes (which will require revisions to forms, calculations and logic in the software), the industry needs an absolute minimum of 12 months for its implementation period. “Software providers such as Jack Henry & Associates work with multiple business partners and need lead time to analyze, plan, design, develop, test, document and distribute software changes to our financial institution clients prior to the implementation ...


October 31, 2016 - Inside the CFPB

CFPB Needs to Do More to Ensure the CD is Shared Among Parties

Many elements of the mortgage finance industry took up the primary concern that real estate agents have had with the CFPB’s integrated disclosure rule since it first took effect: the sharing of the closing disclosure with third parties. In their recent comments to the bureau on its TRID clarifying proposal, multiple industry players said they were glad to see the agency addressed this issue somewhat; however, more must be done. The National Association of Realtors, for instance, told the bureau that one of the unintended consequences of the integrated disclosure rule has been lenders’ reluctance to share the new required CD with real estate professionals out of fear of liability for disclosing clients’ nonpublic personal information. “Regulation P, which governs ...


October 31, 2016 - Inside the CFPB

Bureau Should Extend Diagnostic Enforcement, Industry Says

In the weeks leading up to the effective date of the CFPB’s integrated disclosure rule, the agency’s director, Richard Cordray, made clear that, from a supervisory perspective, the bureau would view enforcement of the rule as more diagnostic than punitive – an approach many industry officials believe should continue. In commenting on the CFPB’s proposed rule to clarify a number of aspects of TRID, the Mortgage Bankers Association strongly urged the current diagnostic examination approach be formally extended until the changes necessitated by a final rule have been fully implemented and it is clear that the compliance difficulties with such a complex rule have been largely resolved. “With this policy and the bureau’s and industry’s active engagement as compliance moves forward ...


October 31, 2016 - Inside the CFPB

TRID 2.0: The Comments Mortgage Reps Call on CFPB to Respond to Need for More Cures

Top mortgage industry representatives urged the CFPB to do more to facilitate the curing of loans with errors under the agency’s controversial Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure rule, otherwise known as TRID. One such organization was the Housing Policy Council of the Financial Services Roundtable. In its comment letter to the CFPB, the HPC said providing more formal guidance on when and how lenders may correct or cure errors is not just a question of potential liability for lenders; it’s also important in reducing the uncertainty of customers if they experience varying interpretations by different lenders. “We recognize that it is difficult to anticipate all types of potential errors in advance,” said the HPC. “There ...


October 28, 2016 - Inside Mortgage Trends

TRID 2.0 Software Implementation a Concern

Some leading mortgage technology vendors told the Consumer Financial Protection Bureau they are concerned about the resources that will be required to implement the changes the bureau wants to make to its integrated disclosure rule known as TRID. In a comment letter to the CFPB regarding its proposed rule to clarify a number of aspects of the TRID regulation, the Mortgage Vendor Regulatory Work Group raised concerns about software implementation resources, including ...


October 28, 2016 - Inside MBS & ABS

TRID 2.0 Fails to Address Secondary Mortgage Market Concerns About Liability, PIMCO Says

The Consumer Financial Protection Bureau’s proposal to clarify a number of aspects of its TRID disclosure rule does not adequately resolve most of the non-agency secondary mortgage market’s concerns about legal liability, Pacific Investment Management Company said in a recent comment letter to the CFPB. The regulation was designed to harmonize consumer mortgage disclosures, but its unintended consequences have caused big problems in the non-agency secondary market. “The [TRID] rules have raised...


October 27, 2016 - Inside Mortgage Finance

Fannie, Freddie Endorse Aspects of TRID That Foster Support of Their Uniform Closing Dataset

Fannie Mae and Freddie Mac sent the Consumer Financial Protection Bureau a joint comment letter addressing the bureau’s TRID clarifying rulemaking that have to do with the government-sponsored enterprises’ Uniform Closing Dataset, supporting some provisions and opposing others. The UCD is the data standard the pair developed to support accurate disclosures on the closing disclosure and to facilitate the sharing of that information. “The GSEs believe...


October 27, 2016 - Inside Mortgage Finance

Cordray Details TRID Exams

Consumer Financial Protection Bureau Director Richard Cordray said agency examiners are conducting “transaction testing” to assess compliance with new TRID disclosure rules. Looking at loan files is necessary to a diagnostic compliance assessment, he told a good-sized audience at this week’s annual convention of the Mortgage Bankers Association. The bureau chief repeated earlier assertions that TRID compliance reviews would be “diagnostic and corrective, not punitive.” Cordray said...


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