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Experts discuss RESPA compliance considerations in fintech partnerships

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Industry News
Thursday, March 21, 2024

FNF Family of Companies Senior Vice President, National Agency Division Chuck Cain and Mortgage Connect Executive Vice President and Chief Information Officer Gabe Minton were featured in October Research, LLC’s “RESPA: Ensuring Fintech Partner Compliance” webinar, moderated by RESPA News. The two field experts highlighted what you should consider when entering into and maintaining financial technology (fintech) partnerships.

Minton kicked off the discussion by defining fintech. There are four general “pillars” that make up the field: artificial intelligence (AI), blockchain, cloud computer, and big data.

“The synthesis of these four pillars is, in my opinion, creating an environment not seen since the advent of the internet itself,” Minton said. “That’s how prolific it is. In talking to Chuck and a lot of my other colleagues, we all feel the same way, in that the world is busting wide open with new solutions, new opportunities, but also new dangers in using those new solutions. You have to be careful, and focus.”

After outlining the limitation of generative AI models in the mortgage industry and the improvements of optical character recognition and automated document recognition, Minton turned it over to Cain to address the necessary legal considerations when a title company or mortgage lender is partnering with fintech solution providers.

Cain noted how fintech is not really a new concept – society has been using credit cards and payment systems for decades. But the level of technological advances makes it feel like “a brave new world.”

“It’s not only administering a technical system operating in your company; it’s like managing another employee,” Cain said. “Because you have to keep an eye on it. You have to manage them. AI systems can evolve. Now, we’re not talking about how the computer taking over the spaceship like in ‘2001[: A Space Odyssey].’ But they can change and evolve and do things that you may not want them to do.”

Over the hour, Cain and Minton also discuss:

  • Using fintech for RESPA compliance.
  • How AI can assist in preventing RESPA violations.
  • The importance of due diligence when evaluating fintech providers.
  • Red flags/green flags in contract language contemplating fintech partnerships.
  • What to do when an issue occurs.

The webinar is available now for download.

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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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