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Brokers Sue to Stop LO Compensation Rule

March 14, 2011
Similar lawsuits seeking to stop the implementation and enforcement of the Federal Reserve’s final rule prohibiting certain payments to mortgage loan originators (MLO) have been filed in federal district court in Washington, DC. In recent filings, the National Association of Mortgage Brokers and the National Association of Independent Housing Professionals sought...
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Varying Pay Schemes Could Expose MLOs to Illegal Steering Charges

March 14, 2011
Having different compensation formulas with different wholesale lenders could expose an honest mortgage broker to charges of illegal steering under the Federal Reserve’s loan originator compensation rule taking effect April 1. The California Association of Mortgage Professionals warned...
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Groups Ask Fed to Give Lenders Choice in Complying with MDIA

March 14, 2011
A coalition of mortgage lenders and homebuilders has asked the Federal Reserve Board to make compliance with two interim rules implementing the Mortgage Disclosure Improvement Act optional. The rules are intended to clarify previously issued regulations requiring mortgage lenders to disclose...
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WV Court Imposes Hefty Penalty on Quicken Loans for Bad Practices

February 28, 2011
A West Virginia judge has ordered Quicken Loans to pay a 45-year old licensed practical nurse and her adult disabled daughter more than $2.7 million in punitive damages and legal costs after finding the lender guilty of fraudulent and deceptive mortgage lending practices. In a Feb. 17 decision, Judge Arthur Recht of the Circuit Court of Ohio County, WV, concluded...
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MLOs Likely to Opt for Pay Based On Points Paid on Loan Amount

February 28, 2011
The compensation formula that will most likely be used by mortgage loan originators to comply with the Federal Reserve’s final rule is a percentage of the loan-funded balance with a minimum floor, according to the California Association of Mortgage Professionals. In an analysis of the rule, the CAMP said MLOs will most likely choose...
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Fed Issues Final, Proposed Rules To Revise Escrow Requirements

February 28, 2011
The Federal Reserve Board has issued a final rule and sought comment on a proposed rule to revise escrow requirements for first-lien jumbo mortgage loans and first-lien, higher-priced mortgages, respectively. The changes to Regulation Z, which implements...
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State Roundup

February 28, 2011
Florida. State Attorney General Pam Bondi has launched a civil investigation into the foreclosure practices of a Ft. Lauderdale law firm shortly after Fannie Mae quit sending business to the firm. Ben-Ezra & Katz and its principals, Marc Ben-Ezra and Marvin Katz, are...
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House Banking Panel Adds Fed’s LO Pay Rule to Oversight Plan

February 14, 2011
The House Financial Services Committee intends to conduct a hearing to examine the impact of the Federal Reserve’s recent regulation governing compensation to mortgage loan originators. In its oversight plan for the 112th Congress, the HFSC expressed concern that the Fed’s LO pay rules, which take effect April 1, may have an adverse impact on...
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SBA Clout to be Tested Against Fed’s LO Compensation Rules

February 14, 2011
The Small Business Administration has joined other stakeholders in asking the Federal Reserve Board to postpone the April 1 implementation date of its final rule on mortgage loan originator compensation. In a recent letter, the SBA’s Office of Advocacy said the compliance guidance for small businesses it had requested...
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Plan to Extend AML, SAR Rules to Non-Banks Gains Industry Support

February 14, 2011
Most mortgage industry groups have expressed support for a proposal by the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) to require non-bank residential mortgage lenders and loan originators to establish anti-money laundering (AML) plans and report suspicious financial transactions. The groups, which represent...
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