One mortgage lender recently inquired of Michael Goldhirsh, director of legal and regulatory compliance for the Lenders Compliance Group, as to whether the definition of “application” in the CFPB’s TILA/RESPA Integrated Disclosure rule (TRID) triggers or otherwise affects reporting under the Home Mortgage Disclosure Act. In a recent blog posting, he replied: “The short answer is that receipt of some or all of the six pieces of TRID application information does not necessarily trigger an application for purposes of HMDA reporting.” Goldhirsh went on to explain that Regulation C defines an application for HMDA reporting purposes as an oral or written request for a home purchase loan, a home improvement loan, or a refinancing that is made in accordance with ...

The proposed rule from the Consumer Financial Protection Bureau addressing the TILA-RESPA Integrated Disclosure rule will likely help the non-agency market, according to industry participants. However, there’s also some frustration that the CFPB didn’t do as much as it could have to address cures and assignee liability. Industry attorneys note that if enough comments are submitted on the issues, the CFPB might make further changes to TRID. The changes proposed by the CFPB ...

The CFPB is not offering additional cure provisions in its proposed rule to update and clarify certain aspects of its Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure rule, otherwise known as TRID. TRID “2.0” was released late last month, fulfilling the bureau’s promise to issue the proposal by the end of July. As widely anticipated, the proposed amendments also essentially codify the bureau’s informal guidance on various issues and include clarifications and technical amendments. (See additional stories on pages 3-6.) “The intent of this proposal is to integrate some of the bureau’s existing informal guidance, whether provided through webinar, compliance guide or otherwise, into the regulation text and commentary of Regulation Z where appropriate,” the agency said....

Perhaps the most significant change in the proposed rule the CFPB issued late last month to clarify its TRID rule is guidance on sharing disclosures with various parties involved in the mortgage origination process in light of privacy concerns. “The bureau has been asked repeatedly by creditors, settlement agents, and real estate agents about the sharing of the closing disclosure with third parties involved in the mortgage transaction,” the proposal stated. “These inquiries have largely concerned which third parties may receive a copy of the CD but have also concerned whether a combined CD form must be provided to the consumer and seller or whether separate CD forms may be provided to the consumer and the seller.” The CFPB provided ...

The biggest win for mortgage lenders in the CFPB’s proposal to clarify certain aspects of its integrated disclosure rule is the apparent closing of what’s known as the TRID’s “black hole.” The black-hole problem stems from the fact that, currently, the integrated disclosure rule requires that the creditor deliver or place in the mail the loan estimate no later than the third “general” business day after receipt of the consumer’s application, and the borrower must receive the final revised LE no later than four business days prior to consummation. Once the closing disclosure has been issued, the LE can no longer be provided. If there is a valid change of circumstance that delays closing and results in a fee change,...

One proposed rule change to the TRID could help the secondary mortgage market; that is, the creation of tolerances for the total of payments. As the proposal noted, the Truth in Lending Act establishes certain tolerances for accuracy in calculating the finance charge and disclosures affected by the finance charge. However, “In light of changes to certain underlying regulatory definitions, the bureau believes it would be helpful to establish tolerances for the total of payments to parallel the existing provisions regarding the finance charge,” the CFPB said. Under the proposed rule, the same tolerances that now apply for the finance charge would also apply to the total of payments. The bureau said it is concerned that, absent the explicit application ...

Another noteworthy part of the CFPB’s TRID 2.0 proposal would extend the applicability of a partial exemption that mainly affects housing finance agencies (HFAs) and nonprofits. The existing rule provides a partial exemption for certain non-interest bearing subordinate-lien transactions that provide downpayment and other homeowner assistance (housing assistance loans). The CFPB said it has learned that the exemption may not be operating as intended. “The bureau has received information that many HFAs are having difficulty finding lenders to partner with in making these loans,” the proposed rule stated. Following the introduction of the TILA/RESPA integrated disclosures, some vendors and loan originator systems no longer support the Real Estate Settlement Procedures Act disclosures. “Although the RESPA disclosures are still required for ...

The CFPB’s proposed changes to its TILA/RESPA Integrated Disclosure rule also would eliminate a degree of uncertainty by applying the rule’s existing disclosure requirements to cooperative units. Under the current rule, coverage of cooperative units depends on whether cooperatives are classified as real property under state law. Because state law sometimes treats cooperatives differently for different purposes, there may be uncertainty and inconsistency among market actors.As a result, the CFPB is proposing to require the provision of the integrated disclosures in transactions involving cooperative units, whether or not such units are classified under state law as real property. This would apply to closed-end credit transactions, other than reverse mortgages. “In at least some states, ownership of a share in ...

Mortgage Industry Waits for PHH Shoe to Drop. The mortgage industry is awaiting a final ruling from the U.S. Court of Appeals for the District of Columbia Circuit in the case of PHH Corp. v. Consumer Financial Protection Bureau, No. 15-cv-01177.

The Consumer Financial Protection Bureau last week released its proposed rule to clarify a number of issues related to its integrated disclosure rule known as TRID – and perhaps the single most significant aspect of the proposal for mortgage investors is what it does not include: any additional provisions to cure loan errors. Some observers believe that could be a negative for the secondary market. On the other hand, the bureau did provide...