Mortgage industry participants are encouraged by a bipartisan bill introduced in the House last week that would provide a temporary license for loan originators transitioning from a bank to a nonbank or between states. H.R. 2121, from Rep. Steve Stivers, R-OH, would change the Secure and Fair Enforcement for Mortgage Licensing Act to allow for a temporary transitional license and give loan originators 120 days to pass testing standards for nonbank LOs when transitioning from a bank or between states. “The SAFE Act inhibits...

Exams of nonbank servicers in 2014 were “significantly extended” due to consistent delays in receiving information, according to a recent report by the Multi-State Mortgage Committee. The committee handles supervision of nonbank servicers and lenders that operate in more than one state. Some servicers were even found to have tampered with their loan collection logs prior to providing them to examiners. Many of the problems were related to growth at nonbank servicers, according to Rick St. Onge, chairman of the MMC and examination chief of the division of consumer services at Washington State’s Department of Financial Institutions. “Over the year, large bulk loan transfers took place...

Compliance attorneys are urging mortgage lenders to reevaluate their lending policies and practices to ensure they are not biased against any protected groups even as the Consumer Financial Protection Bureau warned about increased focus on fair lending and redlining in 2015. In their analysis of the CFPB’s recent report on fair lending, attorneys with the Washington, DC, law firm K&L Gates warned that the bureau will increase its scrutiny of mortgage lending amid growing concern about redlining, or refusal to lend to certain groups of borrowers or neighborhoods. Attorneys Melanie Brody and Anjali Garg said...

Mortgage servicing rights are playing an important role in how mortgage lenders finance their businesses, experts say, and a more balanced MSR market is expected this year despite persistent regulatory concerns and worries about high servicing costs. It was clear from a panel discussion at the Urban Institute this week that MSRs have grown in importance as a form of collateral and that it continues to divide lender/servicers and consumer advocates. Overall, six panelists agreed that certain reforms are needed if the market expects to thrive in the current environment. Stephen Fleming, senior vice president with Phoenix Capital, expects...

Such disclosures also should show whether the LO has passed the SAFE Act test.

Deephaven's website boasts that it helps “aspiring” homeowners “purchase homes as soon as one day after foreclosure or short sale.”

As the TRID deadline approaches industry anxieties are getting stronger and more specific in nature.

“Some companies were proactive in addressing these deficiencies in a timely fashion while others' control structures remained problematic,” the MMC said.

In another display of multijurisdictional cooperation, the CFPB and the Maryland Attorney General last week brought an enforcement action against a Maryland-based title company and its executives, alleging they participated in a mortgage kickback scheme, trading cash and marketing services in exchange for referrals. The complaint names Genuine Title, LLC, as well as Jay Zukerberg, Brandon Glickstein, Gary Klopp, Adam Mandelberg, William Peterson, and Angela Pobletts, along with a number of limited-liability companies controlled by certain defendants. The CFPB and Maryland allege that Zukerberg and Glickstein developed and operated schemes to give loan officers marketing services and cash payments in exchange for referrals of title work. The kickback schemes violated the Real Estate Settlement Procedures Act, which prohibits giving a ...

Last week, in the first such enforcement action of its kind – and as a warning shot across the bow of all financial institutions under its jurisdiction – the CFPB slapped Regions Bank with $7.5 million in fines for charging overdraft fees to consumers who had not opted-in for such coverage. “The 2010 opt-in rule made clear that consumer protection in this area is critical. That Regions Bank violated the law raises definite concerns worthy of note by all depository institutions,” said Cara Petersen, the CFPB’s deputy enforcement director. “Their customers should rest assured that the consumer bureau is here to protect them when it comes to the hard-earned money they keep in their checking accounts.” The depository institution, based in Birmingham ...