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Conference Coverage

NS3 Preview: Compliance track focuses on RESPA

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Conference Coverage
Thursday, May 5, 2022
The industry is constantly dealing with a variety of compliance issues, from RESPA compliance and state regulations to ways to securely transfer funds. During the National Settlement Services Summit (NS3), June 1-3 at the Omni Orlando Resort at ChampionsGate in Orlando, Fla., attendees will hear from speakers on these topics and more.

The compliance track will start on Wednesday, June 1, with Matters of State, where attendees will hear directly from state regulators on regulatory trends around the country, their priorities for 2022/23 and how they should prepare their business. Andrea Golby, editor, The Legal Description, will moderate the panel consisting of Kim Holbrook, chair of the Utah Title and Escrow Commission and vice president Old Republic Title; Chuck Myers, supervisor, RESA Investigations Section, Virginia Bureau of Insurance; Dennis Newman, examiner in charge, Colorado Department of Regulatory Agencies Division of Insurance; and Ray Wenger, chief, Bureau of Investigation, Division of Insurance Agency and Agency Services, Florida Department of Financial Services.        

“As chair of the Utah Title and Escrow Commission I work with many stakeholders to increase awareness of wire fraud’s effect on consumers and agencies,” Holbrook said. “The title industry has risen to the challenge and done a phenomenal job creating best practices that thwart the efforts of the fraudsters. I hope to highlight the importance of educating the consumer directly on the dangers of wire fraud. It’s an on-going battle, as industry insiders we understand the issue. The real challenge these days is to reach the consumer before the fraudster does. If attendees can keep this top of mind and carry the message of direct consumer education on wire fraud we’ll be able to keep this timely topic on the front lines to benefit the consumer and their dream of homeownership.” 

On Thursday, June 2, attendees will have the opportunity to attend Eyes on D.C. Rich Horn, co-managing partner, Garris Horn LLP and Loretta Salzano, president, Franzén and Salzano, P.C., will discuss federal agencies latest moves, what they are monitoring and how attendees can prepare to comply.

Tracey Read, editor, RESPA News, will moderate a discussion between Marx Sterbcow, managing attorney, The Sterbcow Law Group and Kris Kully, partner, Mayer Brown LLP on RESPA Step-by-Step. Sterbcow and Kully will provide a step-by-step guide to properly structuring affiliated business arrangements from start to finish. They will outline what the CFPB and state regulators want and don’t want in these arrangements.

“RESPA considerations are going to be front-and-center this year,” Kully said. “The competition for mortgage originations is going to continue to heat up, and it will be important to keep in mind all the guardrails (or as some may call them, obstacles), so that we can ensure that our creative business development ideas keep us on the right side of compliance. Since those rules are not always intuitive, our RESPA panel will provide some helpful and practical guidance to help you spot issues before they become problems.”

Attendees will also hear from Tai Christensen, director of government affairs, diversity, equity and inclusion officer, CBC Mortgage Agency and Laura Brandao, chief growth officer and partner, EPM on Diversifying Your Team. They will teach attendees how to attract and retain a diverse team.

“As corporate strategy continues to develop to have more diverse teams and more inclusive C-suites, I want to examine the true meaning of ‘diversity’ and how we can expand our definition of what that truly means,” Christensen said.

“Diversity is far more than including people of color and both genders on your team,” she continued. “True diversity is being inclusive of people from all walks of life, educational backgrounds, and varying racial/geographical demographics.”

There will also be a session on Real Time Payments. Cheryl Gurz, RTP product manager, The Clearing House, and John Melvin, vice president, U.S. Bank Global Treasury Management, will discuss how this alternative payment method works.

For more information on the NS3 2022, including the agenda and a list of speakers for all three days, click here. You can register for NS3 online or click here to get information on how to register via mail, fax or phone.

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12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
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