Browse articles from all of our Newsletters related to TILA.

October 20, 2016

Industry Groups Urge CFPB to Extend the Diagnostic Approach to TRID Enforcement

A number of mortgage trade groups this week called upon the Consumer Financial Protection Bureau to extend its current “diagnostic” approach to enforcing the agency’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule. The groups were responding to the CFPB’s request for public comments on its proposed TRID clarifying rulemaking, which was issued at the end of July. It’s...

October 17, 2016

Inside the CFPB Full Issue October 17, 2016 (PDF)

View Inside the CFPB Full Issue October 17, 2016 (PDF)

October 17, 2016

TRID News in Brief

Comments on TRID 2.0 Are Due Tuesday. Representatives of the mortgage industry have until 11:59 p.m. ET Tuesday, Oct. 18, 2016, to submit their comments to the CFPB regarding its TRID 2.0 clarifying proposed rule.... CFPB Issues Revised TRID Guide to CD, LE Forms. The CFPB recently published an updated guide to the TRID loan estimate and closing disclosure forms, which was last revised in July 2015.... Bureau Releases Updated TRID Compliance Guide for Small Entities. Earlier this month, the CFPB put out a revised small entity compliance guide for the TILA/RESPA Integrated Disclosure rule, which was last updated in July 2015....

October 17, 2016

Lenders Are Adapting to TRID Regime, But at a Big Cost

Now that mortgage lenders have had a year to digest the CFPB’s controversial TILA/RESPA Integrated Disclosure Rule, smaller financial institutions have learned to cope to a certain degree, but there are still challenges and costs. That’s the perspective of Ron Haynie, senior vice president of mortgage finance policy and executive vice president of mortgage services for the Independent Community Bankers of America. “I guess the good news is the market didn’t seize up and mortgage closings didn’t come to a screeching halt or average turn times didn’t get out to 60 days plus,” he told Inside the CFPB recently. “While things slowed down in the beginning, average turn times seemed to have settled around 46 days. And while that’s still ...

October 17, 2016

Impact of TRID on Industry Won’t Be Known for Years, Attorney Says

One year into the TRID rule, the mortgage industry has gotten used to the new disclosure landscape. But until consistent legal precedents are established by the courts, true certainty will be elusive, and that likely means years will have to transpire before the rule’s full impact will be known. “I think the industry as a whole has met the challenge and settled into the TRID process, which everyone knows was radically different than what it replaced,” said Donald Lampe, a partner in the financial services group in the Washington, DC, office of the Morrison & Foerster law firm. “And so I see the industry settling in to the use of these new forms and the changes that these disclosures imposed ...

October 17, 2016

Former TRID Architect Shares His Perspective on Rule’s Anniversary

Earlier this month, the CFPB’s controversial TILA/RESPA Integrated Disclosure rule – TRID – turned one year old. In an email exchange with Inside the CFPB, former bureau official and TRID architect Richard Horn, who now heads his own law firm in Washington, DC, addressed the progress the industry has made in adopting the rule, and the challenges that remain. Horn began by saying he thinks the industry has generally done a great job with the extremely difficult task of implementing TRID. Also, “I am very pleased that some of the recent industry surveys of consumers after TRID have shown that consumers are experiencing the intended benefits,” he said. “There are challenges still, but it’s a good sign that the CFPB issued the ...

October 17, 2016

Life Under TRID: As TRID 2.0 Deadline Approaches, Support Emerges From Industry

With the public comment period about to close on the CFPB’s TRID clarifying proposed rule, a few industry voices of support have emerged among the comment letters submitted so far by rank-and-file industry representatives. For instance, Debbie Ingle, executive director of mortgage and real estate lending for Alaska USA Federal Credit Union, commended the bureau for issuing the proposed amendments to clarify the federal mortgage disclosure requirements under the Truth in Lending Act and the Real Estate Settlement Procedures Act. “The proposed amendments are beneficial and will provide mortgage lenders with clarification and improved guidance,” said Ingle. “The amendments serve as a good first step to help mortgage lenders resolve the complex implications of the TILA/RESPA Integrated Disclosure Rule (TRID) ...

October 14, 2016

A Good News/Bad News October for PHH

PHH Corp. this week scored a key legal victory in its battle with the Consumer Financial Protection Bureau over captive reinsurance and the Real Estate Settlement Procedures Act. But despite this good news, there are still clouds over the nonbank. The “worst” of the recent spate of bad news for the company surrounds the early October disclosure that Merrill Lynch is breaking all ties to PHH when it comes to private-label originations and servicing. The effective date for the end of the contract is...

October 14, 2016

Next Non-Agency MBS ‘Green Paper’ From SFIG Will Focus on Reps and Warrants

The Structured Finance Industry Group is preparing to publish standards that aim to increase transparency for representations and warranties on new non-agency MBS, according to officials at the trade group. Eric Kaplan, a managing partner at Ranieri Strategies, said SFIG will release one or two “green papers” this year as part of the group’s RMBS 3.0 effort to revive issuance of non-agency MBS. Kaplan detailed the plans along with Daniel Goodwin, director of mortgage policy at SFIG, at the recent ABS East conference produced by Information Management Network. SFIG has released...

October 6, 2016

Modifying TRID to Facilitate Additional Cure Provisions Could Require Congressional Action

Many participants in the mortgage industry remain concerned that the Consumer Financial Protection Bureau did not address additional cure provisions in its proposed rulemaking to clarify the integrated consumer disclosure known as TRID. Lenders would love to see the bureau respond to these concerns when it finalizes its so-called TRID 2.0 rule. But that might not happen without Congress getting involved. During a webinar last week sponsored by Inside Mortgage Finance, some attendees inquired...

October 6, 2016

With TRID’s First Year in the Rear View Mirror, Industry Hopeful Compliance Continues to Improve

The Consumer Financial Protection Bureau’s integrated disclosure rule has now been in effect for a full year, and industry officials hope the potholes and speedbumps in the TRID road will continue to smooth out. Former CFPB official Benjamin Olson, now a partner with the BuckleySandler law firm in Washington, DC, noted that the first year of the TRID rule has been eventful. “In its early stages, the TRID rule proved to be far more disruptive than many envisioned, largely because of extraordinarily high rates of real and perceived errors and pervasive uncertainty over the liability associated with those errors,” he told Inside Mortgage Finance. Over time, the mortgage industry has been...

October 3, 2016

Inside the CFPB Full Issue October 3, 2016 (PDF)

View Inside the CFPB Full Issue October 3, 2016 (PDF)

October 3, 2016

Other News in Brief

SFIG Meets With CFPB Officials to Discuss TRID. Staff and key members of the Structured Finance Industry Group, a securitization trade group, recently met with regulators at the CFPB to discuss the bureau’s integrated disclosure rule known in as TRID and reviewed the trade group’s RMBS (residential mortgage-backed securities) 3.0 TRID Compliance Review Scope document.... CFPB Releases Updated Exam Procedures for the Military Lending Act. Late last week, the bureau issued the revised procedures its examiners will use in identifying consumer harm and risks related to the Military Lending Act rule, which was updated in July 2015...

October 3, 2016

TRID Compliance Reviews Now Underway at CFPB, Other Agencies

Official regulatory reviews for compliance with the CFPB’s TILA/RESPA Integrated Disclosure Rule are now underway at the bureau and among the prudential regulators, according to top industry attorneys. Speaking during a webinar last week sponsored by Inside Mortgage Finance, former CFPB official Benjamin Olson, now a partner with the BuckleySandler law firm in Washington, DC, stated, “We can confirm that, yes, the CFPB and the other regulators, as part of their mortgage origination exams, are including TRID modules and looking at TRID compliance.” He reminded the audience that the bureau has been emphatic that these will be diagnostic reviews. “I haven’t seen anything inconsistent with that with respect to the reviews of our clients out of the CFPB,” Olson said...

October 3, 2016

TRID Confusing or Alienating Borrowers, ALTA Survey Finds

With the one-year anniversary of the CFPB’s TRID rule now upon us, a new survey from the American Land Title Association finds that a vast swath of the homebuying population is either confused or feels taken advantage of by the calculation of title insurance fees on the new mortgage disclosures. Among the survey’s chief findings, 40 percent of consumers are confused by the new closing disclosure calculation of title insurance. “Under TRID, consumers are disclosed a price for their two title insurance policies that is different than the actual price they will pay at closing,” ALTA said. Also, homeowners want a detailed breakdown of all the costs for a service, the survey found. “At the closing table, homebuyers expect the ...

October 3, 2016

Are ALTA and Its Members Going to ‘Break the Internet’ Over TRID 2.0?

One of the fascinating things about sifting through all of the 1,200+ industry comments on the CFPB’s TRID clarifying proposed rulemaking as they are posted on the regulations.gov website is to notice the success the American Land Title Association and its membership are having in flooding the agency’s inbox with their concerns. The overwhelming majority of individual comment letters submitted to the CFPB to date all start with the same introductory language, including the reproduction of a typo, as follows: “I am [sic] title insurance professional and I am contacting you today about the proposed rulemaking on TRID. As a settlement agent, it’s important that I am not penalized for compliance errors made by a lender.” This suggests that commenters ...

October 3, 2016

Life Under TRID: TRID 2.0 Continues to Raise a Host of Questions and Concerns

Rank-and-file mortgage lending industry participants continue to submit to the CFPB a range of problems and issues they are encountering with the bureau’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure Rule, commonly known as TRID, and its clarifying rulemaking. One credit union official wrote that members (and borrowers served by community banks) are being coached by loan officers to “be patient and trust” that their final fees will be lower than what is shown on the loan estimate (LE). And the larger issue is that consumers are becoming less engaged in understanding their finances due to the complexities of the rule, she said. “Somehow, in trying to make lending conditions better for the consumer, something far worse ...

September 30, 2016

TRID Complexity Limits Tech’s Compliance Role

The inherent complexity and ambiguity of many of the provisions of the Consumer Financial Protection Bureau’s integrated disclosure rule are stymying the ability of technology to aid in lender compliance, top industry experts said this week. Speaking during a webinar sponsored earlier this week by Inside Mortgage Finance, former CFPB official Benjamin Olson, now a partner with the BuckleySandler law firm in Washington, DC, detailed the obstacles that lenders are confronted with ...

September 30, 2016

A Year After TRID, the ‘Scratch & Dent’ Market For Such Loans Isn’t Going Away. But It is Slowing

The scratch-and-dent market for residential loans that have TRID-related errors is still alive and (mostly) well, even though originators have had almost a year to adjust to the new disclosure regime introduced by the Consumer Financial Protection Bureau. “This market will never be exhausted,” said Jeff Bode, chairman and CEO of Mid America Mortgage, Addison, TX, one of the most active buyers of mortgages that have errors related to consumer disclosures tied to the Truth in Lending Act and the Real Estate Settlement Procedures Act. Of course, it’s...

September 22, 2016

Some RMBS Originators are Replacing QC Reviews With Feedback from Whole Loan Investors: Moody’s

Some residential mortgage-backed securities loan originators are moving away from performing internal post-acquisition quality control loan reviews in lieu of obtaining feedback from their whole loan investors, according to a new report from Moody’s Investors Service. “Some aggregators are relying more on their investors for quality control feedback,” said Moody’s. The ratings service identified in particular Redwood Residential Acquisition Corp. and JPMorgan Mortgage Acquisition Corp., which it said “are relying more on feedback from whole loan investors to monitor the quality of due diligence firm loan reviews, as opposed to conducting their own internal reviews, since a large portion of their acquisitions are sold in whole-loan trades.” Moody’s noted...

September 29, 2016

Modifying TRID

The proposed integrated disclosure amendments provide no policy revisions related to cures. Instead they focus on changes that have been characterized as “highly technical.” And while the CFPB contends that this allows lenders to avoid “substantial reprogramming,” the changes will nonetheless require retooling systems that are still in the shakedown period. Listen as our panel of legal experts discusses how the disclosure revisions would change your business and what you’d need to change to meet them.


After the November elections, how long will it take for a new Congress and White House to pass GSE reform legislation?

I’m confident a bill will be passed the first year.


2 to 3 years. GSE reform is complicated.


Sadly it won’t happen in a Clinton or Trump first term.


Not in my lifetime.


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