News By Edition

MetaSource’s annual study of post-close quality control mortgage audits, which found TRID issues accounted for five of the top 15 defects in 2018, even accounting for a drop in volume.

MetaSource’s Brady Meadows talked with RESPA News; read on for insight from him on the findings.

The Consumer Financial Protection Bureau (CFPB) recently published its first semi-annual report to Congress under new Director Kathy Kraninger, who described its findings as a launching pad that will provide the agency a fresh start.

The report covers CFPB activities from April 1, 2018, to Sept. 30.

Read on for takeaways from the report, as well as an update on Kraninger’s goals for the future of the agency.

Federal Student Aid (FSA) did not establish policies and procedures to mitigate the risk of noncompliance for servicing federally held student loans, according to a final audit report by the U.S. Department of Education’s (DOE) Office of Inspector General (OIG).

The DOE is asking FSA to develop a final corrective action plan to address the issues by March 13.

Read on for reaction from FSA, which argues the report is unfairly negative of its oversight efforts.

A Michigan borrower whose house was destroyed by fire after his homeowners’ insurance policy was canceled filed a RESPA claim against his servicer for failing to pay the premiums out of escrow.

The servicer filed for summary judgment on a motion to dismiss, arguing the borrower failed to demonstrate that any particular sections of RESPA and/or Regulation X were violated.

What did a judge decide? Read on for details of the decision.

Industry associations are urging the Senate to quickly confirm a former National Association of Realtors (NAR) economist to lead the Federal Housing Finance Agency (FHFA).

Mark Calabria, who currently serves as the chief economist for Vice President Mike Pence, testified Feb. 14 before the Senate Banking Committee.

Read on to learn why groups including NAR and the National Association of Federally-Insured Credit Unions want Calabria to head the FHFA.

Last week’s passage of a bipartisan federal bill to fund the government through the end of the fiscal year to avoid another partial government shutdown will have multiple effects on agencies that oversee the financial services industry. 

For instance, Section 746 of the bill contains a new requirement for the Consumer Financial Protection Bureau. 

Read on for more on that and other ways the bill will affect different aspects of the industry.

A group of New Jersey borrowers claimed their lender referred loans to their settlement service provider for illegal kickbacks. 

The servicer argued the claims should be dismissed because they are barred by RESPA’s one-year statute of limitations and are too individualized to warrant class treatment. 

Read on to see why a federal judge denied the defendants’ motion to dismiss against Wells Fargo and Patriot Land Transfer.

The U.S. Department of Veterans Affairs (VA) has issued final interim regulations on interest rate reduction refinance loans (IRRRLs) that took effect Feb. 15.

The rule will apply to VA cash-out refinance loan applications. After discovering questions from the industry on the interim rule, VA decided to issue guidance before it took effect.

Read on for more details from the VA’s new circular.

The National Association of Federally-Insured Credit Unions (NAFCU) has responded to the Consumer Financial Protection Bureau’s (CFPB) proposal to revive its no-action letter policy. 

The NAFCU said the CFPB's proposed policy guidance to streamline outdated or ineffective regulations in the policy could improve traditional products and services. 

Read on for details from the NAFCU’s reaction to the proposal, which also introduces the Product Sandbox, which details limited exemptions or safe harbors for financial institutions.

The U.S. Department of Housing and Urban Development (HUD) has awarded $74 million to hundreds of public housing authorities across the country to help low-income residents increase their earned income and reduce or eliminate their need for public assistance and rental subsidies.

The grants will help people who participate in the Housing Choice Voucher Program and/or reside in public housing.

Read on for details about the grants.

The delinquency rate for mortgage loans reached an 18-year low in the fourth quarter of 2018, according to the Mortgage Bankers Association’s (MBA) National Delinquency Survey.

The delinquency rate dropped from the previous quarter and on a year-over-year basis across all loan types and stages of delinquency. The MBA attributed the good news to low unemployment, higher wage growth and lower household debt levels.

Read on for more details from the quarterly survey.

A Maryland loan officer accused of violating a ruling barring him from the mortgage industry for his role in a kickback scheme is arguing the terms of his sanction were too ambiguous.

However, regulators are claiming there is nothing confusing about the district’s court’s ruling.

Read on for highlights of court briefs on both sides of the battle, which stemmed from a scheme involving Wells Fargo, JPMorgan Chase and the now-defunct Genuine Title.

House Financial Services Committee Chairwoman Maxine Waters wants answers as to why the Consumer Financial Protection Bureau (CFPB) recently found three companies violated the law, but failed to require the businesses to provide redress to consumers who have been harmed.

Reps. Waters (D-Calif.) and Al Green (D-Texas) told CFPB Director Kathy Kraninger the recent settlements stand in stark contrast to the bureau’s practice under former Director Richard Cordray.

Read on for details from the letter to the bureau.

The Consumer Financial Protection Bureau’s (CFPB) proposed payday rule delay is an “important and courageous first step,” according to Comptroller of the Currency Joseph Otting.

Otting recently issued a statement supporting the bureau’s recent proposal to rescind requirements that lenders make certain underwriting determinations before issuing short-term small-dollar loans.

Read on for more from Otting’s statement on the proposal, which he says would allow lenders to re-enter the market with better regulated, priced and structured products.

A statutory safe harbor is needed to allow banks and credit unions to serve state-sanctioned cannabis businesses without the threat of federal prosecution and regulatory repercussion, according to testimony at a recent House Financial Services Committee hearing.

The hearing was the first of the new Congress to address issues surrounding banking and cannabis businesses.

Read on to see what credit union and banking representatives told the committee at the hearing.

The National Credit Union Administration (NCUA) has completed its investigation of its security logs and alerts following a recent spear phishing campaign targeting Bank Secrecy Act (BSA) officers at credit unions.

The Financial Crimes Enforcement Network (FinCEN) announced that the bureau is aware of a fraudulent email purporting to be from a financial institution about suspicious transactions that could be associated with money laundering.

Read on for details from NCUA and FinCEN. 

Prior to the effective date of the RESPA mortgage servicing rule, servicers had no federal statutory or regulatory provisions about starting or completing foreclosures.

The rule also created error resolution provisions, and force-placed insurance conditions that were included in the Dodd-Frank Act’s amendments to RESPA.

Read on for our latest installment of a series highlighting the Consumer Financial Protection Bureau’s (CFPB) assessment of the rule, and what impact the foreclosure, error resolution and force-placed insurance provisions had over the past five years.

The National Association of Realtors (NAR) unveiled a new vision for reforming the government-sponsored enterprises (GSEs) at its Housing Finance Policy Forum.

NAR President John Smaby said ensuring that GSEs continue providing liquidity and stability in the mortgage market remains NAR’s top priority.

Read on for more from the forum, which detailed research showing that stronger regulations of Fannie Mae and Freddie Mac have decreased risks tied to GSEs.

An Illinois borrower thought she made the required mortgage payments but her servicer went forward with foreclosure. The borrower filed suit to recoup the default fees and escrow charges she alleged were wrongfully assessed to her account.

The servicer argued the borrower’s RESPA claim fails because the escrow shortage was accurate, the default fees that accrued were proper and the plaintiff failed to show she suffered specific damages.

Read on to see how a federal judge ruled.

The Consumer Financial Protection Bureau (CFPB) has agreed to settle with a payday lender accused of failing to accurately disclose the annual percentage rate (APR) of loan products before consummation and making harassing collection calls to borrowers’ references.

The bureau alleges the company excluded a $1 payday loan database fee from the APR calculation for Kentucky loans during a two-year period.

Read on for details from the consent order.

The Consumer Financial Protection Bureau (CFPB) announced it will propose to rescind ability-to-repay (ATR) and mandatory underwriting provisions of its small-dollar lending rule. 

The bureau is proposing to rescind the rule’s requirements that lenders make certain underwriting determinations before issuing payday, single-payment vehicle title and longer-term balloon payment loans. 

Read on for details about the possible changes, which the CFPB says would increase consumer access to credit.

Investors are taking on bigger projects and finding an increasing appetite for flipped high-end homes throughout the country.

The markets seeing some of the largest number of luxury housing flips are in California, particularly the Los Angeles, Long Beach and Anaheim areas.

Read on to learn more information on luxury house flip trends from Realtor.com, which analyzed markets where at least 20 flipped homes sold for more than $1 million in 2018.

Mortgage lenders confused about TRID compliance have received welcome news from the Consumer Financial Protection Bureau (CFPB).

The bureau has published the TRID FAQ, a new frequently asked questions tool with four questions and answers. Three of the questions deal with corrected Closing Disclosures and the three business-day waiting period before consummation. The fourth deals with model forms.

Read on for reaction from RESPRO and Kathleen “Kitty” Ryan, of counsel at Morrison & Foerster’s Financial Services Group.

The Consumer Financial Protection Bureau (CFPB) has released a complaint snapshot focusing on mortgage complaint volume over the past two years.

Consumers reported problems with periodic statements, application of payment, escrow accounts and payoff requests. They also complained of payment assistance issues after a financial hardship, illness and natural disaster.

Read on for more details from the complaint snapshot, which revealed 11 percent of overall complaints the bureau received were from mortgages.

Providing mortgage borrowers with a digital experience is no longer a competitive advantage for lenders but the new normal, according to a new study by Stratmor Group, an industry advisory firm.

The primary driver of lenders’ technology investments has shifted from regulatory concerns to a focus on improving customer service, according to the report.

Read on for more key findings from Stratmor’s Technology Insight study.

The Consumer Financial Protection Bureau (CFPB) has agreed to settle with overseas payday lenders accused of unfairly marketing and collecting on loans.

The bureau alleges the defendants misrepresented to consumers that they were obligated to repay loan amounts even though state law voided the loan.

Read on for details from the consent order, which permanently bars the companies from collecting on any of their existing loans to U.S. consumers.

A Mississippi woman claimed she and her husband were provided inaccurate disclosure documents which failed to include the credit-life-provision. She filed a class-action suit against the servicer for providing inaccurate disclosure documents, which failed to include the credit-life-insurance provision and misrepresented the true term of the loan.

The district court determined the plaintiff lacks standing to bring her TILA and RESPA claims because she did not execute the note and is therefore not obligated on the loan.

Read on for highlights from the judge’s opinion.

International law firm Dorsey & Whitney LLP has announced that Elizabeth Snyder has joined the firm’s Minneapolis office as an associate.

Servicers told the Consumer Financial Protection Bureau (CFPB) that early intervention provisions were among the least costly of the RESPA mortgage servicing rule’s provisions.

But the new requirement to provide a five-day acknowledgement notice for loss mitigation applications has proven costly for many servicers, according to the CFPB’s assessment of the rule, which took effect in January 2014.

Read on for part three of a five-part series on the rule lookbacks.

In a move reminiscent of the Consumer Financial Protection Bureau’s leadership battle, two Democratic congressional leaders are questioning whether Federal Housing Finance Agency acting director Joseph Otting might have been appointed illegally.

House Financial Services Committee Chairwoman Maxine Waters and Senate Banking Committee Ranking Member Sherrod Brown are claiming Otting’s appointment undermines the FHFA’s independent status.

Read on for an analysis comparing the FHFA and CFPB leadership battles.

The U.S. Department of Housing and Urban Development (HUD) celebrated its first day back to work after the government shutdown by awarding $2 billion to thousands of local homeless assistance programs across the nation.

HUD’s Continuum of Care grants are renewals of previously funded programs that will provide critically needed support to 5,800 local programs on the front lines of serving individuals and families experiencing homelessness. 

Read on for details about the grants.

Current Federal Housing Administration (FHA) condominium rules are outdated, inefficient and unscrupulous, according to National Association of Realtors (NAR) President John Smaby.

NAR’s president recently sent a letter to U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson asking him to release final – and better – FHA condominium rules as soon as possible.

Read on for details from Smaby’s letter explaining why the rules need to be changed.

Borrowers for whom English is not their first language (limited English proficiency, or LEP) sued their servicer for a TILA violation, stating they were never advised they had an option for civil litigation for alleged predatory lending until after the trustee’s sale.

A California district court judge determined the mere existence of a TILA violation does not support equitable tolling of TILA’s statute of limitations.

Read on for highlights of the judge’s opinion.

U.S. Rep. Joyce Beatty (D-Ohio) has teamed with Rep. Steve Stivers (R-Ohio) to reintroduce legislation aimed at helping veterans. 

If enacted, the Housing Our Military Servicemembers (HOMeS) Act (H.R. 715) would expand access to housing and legal services to veterans and their families by changing funding allocations for the Department of Housing and Urban Development. 

Read on for Beatty’s statement on why the proposed legislation is necessary.

Just in time for the 2018 tax filing season, the Treasury Department and Internal Revenue Service have issued final regulations on the 20 percent deduction on qualified business income first made available by the 2017 Tax Cuts and Jobs Act.

The National Association of Realtors (NAR) called the regulations a significant victory for the industry.

RESPA News spoke with Evan Liddiard, NAR’s director of federal tax policy. Read on to learn what Liddiard had to say about the new guidance.

A Florida district court previously dismissed all RESPA allegations stemming from a dispute over whether a servicer had erroneously concluded that borrowers had failed to pay their home mortgage and then neglected to correct that error.

The plaintiffs appealed that decision to the U.S. Court of Appeals for the Eleventh Circuit.

Read on for highlights of the panel’s opinion and see whether the plaintiff’s emotional distress and two other claims withstand a motion to dismiss.

The National Association of Realtors (NAR) is hopeful that a deal reached between President Donald Trump and congressional leaders to reopen the federal government for 21 days will be the end of the shutdown saga.

NAR research showed that about 11 percent of its members have had transactions delayed as a result of the shutdown.

Read on for reaction from top NAR officials, including Chief Economist Lawrence Yun.

The Consumer Financial Protection Bureau (CFPB) has entered into a settlement agreement with a contract broker that offers high-interest pension advances to veterans.

The bureau found that Mark Corbett misrepresented to U.S. veterans with disability pensions that the contracts he facilitates are valid and enforceable when, in fact, the contracts are void because veterans’ pension payments are unassignable under federal law.

Read on for details from the consent order.

The Consumer Financial Protection Bureau (CFPB) has agreed to settle with a Chicago-based online lender that extends unsecured payday and installment loans, and lines of credit. 

The bureau found that Enova violated the Consumer Financial Protection Act (CFPA) by debiting consumers’ bank accounts without authorization. 

The bureau found also that Enova failed to honor loan extensions it granted to consumers. 

Read on for details from the consent order.