With the brouhaha over the CFPB’s interest in the industry use of marketing services agreements growing, it is the bureau itself that is the biggest threat under the Real Estate Settlement Procedures Act, a leading industry attorney charged last week. “The threat, in a few short words, is the CFPB,” said Donald Lampe, a partner with the Morrison & Foerster law firm, during a webinar last week sponsored by Inside Mortgage Finance, an affiliated publication. “The CFPB, before our eyes, is rewriting the law, rules and previous guidance on RESPA Section 8(c)(2), which is the exception to RESPA for bona fide payments for services actually rendered – not just for MSAs, but so far, MSAs have received the most attention,” he ...
The biggest challenge that banks, credit unions and other lenders anticipate with the CFPB’s new final rule under the Home Mortgage Disclosure Act is accurate data capture, according to a new survey from Wolters Kluwer Financial Services. “Overall, concerns about the new HMDA data-collection rules generated a 67 percent rating by respondents, reflecting a degree of impact ranking of a ‘7’ or higher on a 10-point scale,” WKFS said. “When asked to rank specific HMDA challenges, 64 percent of respondents cited the task of accurately capturing the new data fields as either their first or second biggest obstacle in complying with the new rules.” System upgrades, increased staffing and other costs also are driving industry anxiety, the survey found. Upgrading ...
CFPB Director Richard Cordray showed no sign of backing down when it comes to the bureau’s expanded scrutiny of and skepticism toward marketing services agreements as possible violations of the Real Estate Settlement Procedures Act. Speaking at the recent Mortgage Bankers Association’s annual convention in San Diego, the director noted that his agency concluded from its enforcement experience that MSAs necessarily involve substantial legal and compliance risk for the parties to the agreements – whether they are lenders, brokers, title companies or real estate professionals. “We believe those risks are greater and less capable of being controlled by careful monitoring than mortgage industry participants may have recognized in the past,” said the director. “MSAs appear to create opportunities for parties to ...
Most (86 percent) of U.S. banks and credit union respondents in a recent survey by Wolters Kluwer Financial Services ranked the CFPB’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule as the top regulatory challenge facing their organizations. When asked about complying with the complex TRID rules, 32 percent of respondents cited “collaborating with stakeholders” as their top issue, while 24 percent identified “last-minute changes that trigger closing delays” as the top anticipated challenges. Another 17 percent cited “information technology preparedness” as the top challenge, while 18 percent were still unsure about the regulation’s greatest impact on their operations. Overall, concerns about regulatory compliance and risk management challenges rose 7 percent compared to WKFS’ survey from ...
CFPB Director Richard Cordray pooh-pooh’ed mortgage lender concerns that the Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule will hurt their business because of the need to extend closings when revisions prompt another round of disclosures. “Now, just as we heard prophets of doom bemoaning the effects of the [ability-to-repay] qualified mortgage rule before it took effect, so too we are hearing some of the same voices bemoaning the effects that the ‘Know Before You Owe’ mortgage disclosure rule will have,” the director said at the recent Mortgage Bankers Association annual convention in San Diego. “They say that by requiring closing disclosures to be provided three days in advance, the rule will delay and disrupt closings,” ...
Discussing the new integrated disclosure rule known as TRID, Ishbia noted that loan brokers “adapted wonderfully and we are closing a lot of TRID loans.”
OCC chief Thomas Curry added: “It’s clear to me that these reserves need to rise to account for the increasing credit risk we are seeing in the system."
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