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CFPB Gives Mortgage Lenders Heads-up on Exam Procedures

by devteam June 5th, 2013 | Share

The ConsumerrnFinancial Protection Bureau is giving financial and mortgagerncompanies a heads-up about what examiners will be looking for underrnnew mortgage regulations scheduled to take affect in January 2014. It issued updates to its examination procedures today including thosernon appraisals, escrow accounts, compensation, and qualifications forrnloan originators.</p

“The CFPBrnrecognizes that the easier we make it for financial institutions and<bmortgage companies to follow the new regulations, the better offrnconsumers will be,” said CFPB Director Richard Cordray. “Byrnreleasing details of what our examiners will be looking for well inrnadvance of the effective date of most of the rules, we are givingrnindustry more time to adjust.”</p

The interimrnexamination procedures released today update the applicable sectionsrnof the exam procedure manuals for two laws – the Truth in LendingrnAct (TILA) and the Equal Credit Opportunity Act (ECOA). Theserndocuments are intended for use by CFPB examiners and the financialrninstitutions and mortgage companies subject to the new regulations.rnCFPB said they are the first round of what will likely be multiplernupdates.</p

The Bureau saidrntoday’s release of exam procedures will help financial institutionsrnand mortgage companies understand how they will be examined for CFPBrnrules that:</p<ul<li

Setrnqualification and screening standards for loan originators:</irn</p</li<li

Prohibitrnsteering incentives, that is compensation for a loan originator thatrnvaries with the loan terms. </p</li<li

Prohibitrn”dual compensation” wherein an originator is paid by both thernconsumer and another person such as the creditor.</p</li<li

Protectrnborrowers of higher-priced mortgage loans: Thernrequired duration of an escrow account on higher-priced mortgagernloans extends from a minimum of one year to a minimum of five years.</p</li<li

Prohibitrnthe waiver of consumer rights that would bar consumers from bringingrna claim in court in connection with any alleged violation of federalrnlaw and prohibits mandatory arbitration for for mortgage and homernequity loans.</p</li<li

Requirernlenders provide free appraisal reports and valuations developed inrnconnection with certain mortgage loan applications.</p</li<li

Prohibitrnfinancing by creditors of single premium credit insurance inrnconnection with certain mortgage loans.</p</li</ul

The CFPB said itrnis coordinating with other federal government regulators that alsornconduct examinations of mortgage companies and financial institutionsrnto ensure all regulators have a shared understanding of the CFPB’srnnew rules. This multi-agency effort includes the interagencyrndevelopment of exam procedures. For example, the TILA proceduresrnreleased today are based on the approved Federal FinancialrnInstitutions Examination Council procedures. This interagency effortrnhelps promote a consistent regulatory experience for industry.</p

The Interim TILA ExaminationrnProcedures can be found at:rnhttp://files.consumerfinance.gov/f/201306_cfpb_laws-and-regulations_tila-combined-june-2013.pdf</p

The Interim ECOA ExaminationrnProcedures can be found at:rnhttp://files.consumerfinance.gov/f/201306_cfpb_laws-and-regulations_ecoa-combined-june-2013.pdf</p

CFPBrnsaid once these and other exam procedures have been updated with thernnew mortgage rule requirements,<bit will incorporaternall amended sections, including the TILA and ECOA sections, into its rnGeneralrnSupervision and Examination Manual.rn</p

 

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About the Author

devteam

Steven A Feinberg (@CPAsteve) of Appletree Business Services LLC, is a PASBA member accountant located in Londonderry, New Hampshire.

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