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This Week in Washington

CFPB updates TRID compliance docs, issues Plain Writing Act compliance report

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This Week in Washington
Thursday, August 6, 2015

The Consumer Financial Protection Bureau (CFPB) announced that it has updated its TILA-RESPA Integrated Disclosure (TRID) compliance documents in order to reflect the new Oct. 3, 2015, implementation date.

Small updates were made to the TILA-RESPA Integrated Disclosures rule small entity compliance guide, the TILA-RESPA Integrated Disclosures Guide to the Loan Estimate and Closing Disclosure forms and the TILA-RESPA Integrated Disclosures timeline example.

The bureau also issued its 2015 Plain Writing Act (PWA) Compliance Report. The bureau designated Gail Hillebrand, the associate director of the division of consumer education and engagement with the CFPB, as the Senior Agency Official responsible for the report.

Under the PWA, federal executive agencies are required to use plain language in documents that: are necessary for obtaining information about a federal government benefit or service or filing taxes; provide information about a federal government benefit or service; or explain to the public how to comply with a requirement that the federal government administers or enforces.

In the report, the bureau explains its efforts to comply with PWA and promote the use of plain writing in its communications. Similar to previous PWA reports, the CFPB states in the new report that it has adopted  plain language “as a core principle” for all of the CFPB’s printed and online consumer-facing content, including its “Ask CFPB” online Q&A tool, its reverse mortgage advertising consumer advisory, blog posts and social media.

“For bureau documents that target a specific audience, or that are technical or specialized in nature, the bureau takes the complexity of the topic and the subject expertise of the audience into account,” the report said. “The bureau also considers whether these technical or specialized documents will impact consumers’ behavior or understanding of their rights under the federal consumer financial laws. When the bureau believes that such documents will impact consumers’ behavior or understanding, the bureau generally publishes plain language summaries of the documents and makes them widely available (typically on the bureau’s website).”

The CFPB also states that although PWA does not apply to regulations, it generally makes available plain language summaries of its proposed or final consumer protection regulations, such as its summary “Shopping for a mortgage? What you can expect under federal rules.”

The report also stated that the bureau uses an intranet system to better assist the staff at plain language writings, and the CFPB’s Office of Human Capital trains the staff both in-person and online.  

Today's other top stories
Connecticut, New York legislature allows sellers to ‘opt-out’ of MLS marketing, increases transparency
NAR urges DOJ, FTC to provide guidance affirming MLSs as procompetitive
HUD releases best practices to ‘add efficiency to local building processes’
VA announces new program to avoid foreclosure
FHA seeks input on its single-family minimum property requirements


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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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