Legal Analysts

Showing posts with label Mortgage Purchase. Show all posts
Showing posts with label Mortgage Purchase. Show all posts

Wednesday, June 19, 2019

Loan Officer Compliance Trainings Needed for HMDA Data

Loan Officers (LOs) frequently have issues collecting and entering applicant information on their electronic systems, which results in a denial of the loan. These issues occur when customers don't want to provide the information. At all costs, LOs seek to avoid a loan denial. As a result, LOs often develop strategies to fudge information, as a workaround, so that they can close their loans. These workarounds are often spearheaded by management at structured LO meetings. The LOs and managers know that without fudging the data, their system will hard stop the file and kill their loans. This is a non-starter for one with a broker's mindset.

Lenders - the Consumer Financial Protection Burea (CFPB) recently gave a $1.75 million reminder as to why lenders cannot fudge the data and need a compliance plan, in place, to avoid their LOs and managers from fudging the data. This $1.75 million civil penalty occurred by way of settlement In the Matter of Freedom Mortgage Corporation case.

The Freedom Mortgage Corporation case concerned LOs fudging information required by HMDA and Regulation C where such LOs selected non-Hispanic white when consumers refused to provide their race, ethnicity, and sex.

Interestingly, a compliance plan would have avoided this civil penalty because the applicable regulation permits lenders to report that the applicant did not provide the information and the loan can close. Had there been a compliance plan in place, Freedom Mortgage Corporation would have $1.75 million more today. In fact, CFPB ordered the lender to "develop, implement, and maintain policies, procedures, and internal controls to ensure compliance with data collection, recording, and reporting requirements set forth in HMDA and Regulation C." Additionally, trainings were required by CFPB.

Lenders - you need a compliance company to create policies and train your LOs before you get hit with a case by CFPB.

Thursday, January 31, 2019

Cash Offers on Real Estate Transactions: Option for Acquisition Mortgage Post-Closing

Buyers can pay cash at closing and reap the benefits of obtaining a loan on the property by purchasing a 90-day post-closing loan.

This can be helpful for buyers who want to make competitive cash offers, close quickly and subsequently obtain mortgage interest deduction benefits of the loan according to the IRS, Publication 936.

Read the full article by Andrew Lieb, Esq. published in The Suffolk Lawyer here. 

Wednesday, April 22, 2015

Consumer Step-by-Step Guide for the Mortgage Purchase Process

The Federal Government’s Consumer Financial Protection Bureau (CFPB) recently released a Home Loan Toolkit, a step-by-step guide through the mortgage purchase process, for consumer use. This is a must use tool for real estate professionals to create realistic expectations for their clients and customers. 

This toolkit helps consumers to:

  1. Calculate affordable monthly mortgage payments;
  2. Understand the importance of credit scores to obtaining better mortgages;
  3. Pick their mortgage type;
  4. Choose the best down payment amount;
  5. Shop with different lenders;
  6. Understand and know about issues that may arise;
  7. Choose a mortgage closing agent; and
  8. Understand the overall closing process.

This Home Loan Toolkit has fillable text fields, buttons, and list boxes, allowing consumers to update the toolkit as they work through the process. It is designed to be much easier and more accessible version of the existing Settlement Cost Booklet that is currently provided to consumers and should be used in connection with the new (and simpler) Loan Estimate and Closing Disclosure forms that will be effective on August 1, 2015.

Though creditors are required to provide the toolkit to all potential homebuyers, the CFPB encourages that real estate agents understand and provide this toolkit to their clients as well. The more informed the parties, the smoother the real estate transaction will go.