CFPB-independent-non-bank-lenders-seek-exemption
Mortgage Compliance

CFPB, Let My People Go

As independent non-bank lenders take the lead away from traditional banks in originating new mortgage business, they also want to be excluded from direct CFPB supervision. They are not the only ones. Small to mid-size non-bank mortgage lenders, like some community banks and credit unions with assets under $10 billion, are seeking exclusion from CFPB audits and enforcement actions. A…

Continue Reading

false-claims-act-see-hear-speak-no-evil-monkeys-doj-
Mortgage Compliance

Are You Safe From an FCA Action?

Ask lenders – and just about all will tell you they do their business the right way. If so, they shouldn’t need to worry about any action from the Department of Justice (DOJ) under the False Claims Act (FCA). Right? With everyone supposedly doing business the right way, why does the DOJ keep finding lenders that violate the rules? Could…

Continue Reading

irs-data-vault-verify-income-employment
Mortgage Compliance

IRS To Validate Income and Identity?

What do Equifax and the IRS have in common? They both house tons of consumer personal data. Equifax got hacked. Could the same happen to the IRS? Some regulators are saying no and pushing for the IRS to get more heavily involved in the data verification game. Rep. Patrick McHenry (R-NC) introduced legislation aimed at fast-tracking the IRS’s capability to…

Continue Reading

day-1-certaintiy-reverification-up-to-lender-fannie-mae
Mortgage Compliance

Are Reverifications Required Under D1C?

It seems like a simple question. According to Fannie Mae Quality Control guidelines, a lender need not reverify or recalculate, as applicable, information that is validated by Fannie’s Desktop Underwriter (DU), under their Day 1 Certainty Program. This includes the qualifying information for employment, income, and assets for each borrower. When a lender receives the validation of data from DU,…

Continue Reading

trid-black-hole-cfpb-fee-disclosures
Mortgage Compliance

The “Black Hole” Revisited

You remember TRID’s “Black Hole?” The circumstance created by the new rule whereby a lender is unable to reset fee tolerances once an initial Closing Disclosure is issued and fees increase but closing gets delayed for more than 3 days. The question remains, how can a lender recover a fee increase once a CD is issued but closing gets delayed…

Continue Reading