HMDA Exemptions for Commercial Loans

Article By: Ben Giumarra, Spillane Consulting Associates, Inc. Let's build off of last week's newsletter and discuss the significance of identifying a loan as business-purpose. So last week we discussed how the new HMDA rules require us to report whether every single loan is "business-purpose" (thus exempt from Regulation Z) or "consumer-purpose." This is one of a couple of ways for a loan to be exempt from Reg Z. Exemptions for Business-Purpose Loans I wanted to provide a convenient … [Read more...]

HMDA: Distinction Between Consumer-Purpose and Business-Purpose Loans

Article By: Ben Giumarra, Spillane Consulting Associates, Inc. Let's discuss an old regulatory definition that will become more important when HMDA revisions take effect. Distinction Gets More Important With CFPB As far back as the Truth-in-Lending Act goes, it has only applied to "consumer-purpose" transactions. The regulations that define the distinction between consumer-purpose and business-purpose (it can only be one or the other) are unchanged. But until the Dodd-Frank and the CFPB … [Read more...]

Refresher on When a Revised Loan Estimate is NOT Necessary

Article By: Ben Giumarra, Spillane Consulting Associates, Inc. Seems like a good time to revisit this, as lenders continue to get more comfortable with TRID requirements and start to shred over-conservative policies and cut out instances of "over-compliance." Hypothesis I believe some lenders are issuing revised Loan Estimates too frequently, certainly more often than required by regulation. I believe this is, in part, because the industry still considers the LE a replacement for the GFE. I … [Read more...]

Increase in Fair Lending Attention Paid to Loan Servicing?

Article By: Ben Giumarra, Spillane Consulting Associates, Inc. Maybe ignored more often by servicing departments, fair lending is now becoming an issue that deserves at least some attention. Driven by the CFPB, regulators are starting to pay closer attention to fair lending issues in mortgage servicing departments. Fair lending examinations have previously focused more attention on origination activities, so this will represent somewhat of a shift. This started with regulators updating … [Read more...]

From: Spillane Consulting Associates: Alert – We’re changing to an improved format.

Article By: Ben Giumarra, Spillane Consulting Associates, Inc. We've sent this newsletter out every Wednesday morning at 6:00 am for the past 4 years. It has sparked great questions, helpful feedback, and even new relationships. Also important, it has served as an effective way for me to deliver subtle jabs against SCA colleagues. Effective today, we'll be transitioning to an improved format. You will still receive this newsletter every Wednesday, and always at 6:00 am. But we're going to … [Read more...]

Notification Requirements After a Data Breach

Article By: Ben Giumarra, Spillane Consulting Associates, Inc. Scratching the surface of a much bigger issue. What do we do when we discover a "security breach" or otherwise that some unauthorized person had access to a consumer's personal information, such as a check or disclosure? Because hey - it happens. Loan paperwork is sent to the wrong address, which happens (yet another good thing about electronic delivery, it's password protected). Or maybe a record is sent to the wrong third … [Read more...]

Text messaging with borrowers? Yes, I think so …

Article By: Ben Giumarra, Spillane Consulting Associates, Inc. You know, I could have put in a clickbait headline like "Click to see biggest improvement to customer service in mortgage banking (which happens to be free).  Let me begin boldly: allowing employees to communicate with consumers via text message during the mortgage origination process is the single most dramatic improvement in customer service that most mortgage departments could hope to accomplish in the short-term. What … [Read more...]

Collections: Calling borrowers too much – MA regulations trip up some in industry

Article By: Ben Giumarra, Spillane Consulting Associates, Inc. You ask, we answer. Nobody wants to think about this: but some borrowers will need to be "reminded" to make their payment. Shocking, I know! But some companies are getting themselves into trouble for how exactly they go about this. And Massachusetts is a good example of a state that's actively looking to curb what it views as overly aggressive debt collection practices. Look, for example, at Ditech Financial, which paid … [Read more...]

What do you disclose when a loan originator’s license is suspended mid-application?

Article By: Ben Giumarra, Spillane Consulting Associates, Inc. You ask, we answer.  Question A friend of mine sent me this compliance question a while ago:   What happens when an loan originator's NMLS number is valid at time of application, but becomes invalid for a period of time, possibly being reinstated by- or after closing? Our system is reporting this as a compliance error. We have an originator that allowed their NMLS license to lapse, so there will be a couple of days … [Read more...]

Part 3: Answers to the TRID quiz!

Article by: Ben Giumarra, Spillane Consulting Associates, Inc. Two weeks ago we proposed a quiz to use related to the 560-page July TRID Rule update. Last week we provided the (our) answers to the first half of the quiz. This week includes the final half.  Last week we completed the first half of the questions. This week we "bring it home" with the final questions to the TRID quiz.  If you recall, the TRID quiz was a test to see how well someone knew the 2017 TRID Rule. TRID Quiz: July … [Read more...]