CFPB rescinds 7 pandemic-related policy statements

The Consumer Financial Protection Bureau has announced that it is rescinding seven policy statements that were issued last year to assist financial institutions during the height of the pandemic. Issued between March 26 and June 3, 2020, the policy statements provided some flexibility in complying with certain regulatory filings and consumer finance laws.

The rescission date for the policy statements was April 1, 2021. The CFPB stated in each policy rescission that it would not be providing a notice and comment period as it would with rulemaking. The statements are intended to provide information regarding the CFPB’s plans to exercise its supervisory and enforcement discretion, which does not impose any change to existing legal requirements.

The rescinded policy statements include:

Additionally, the CFPB released Bulletin 2021-01 on March 31, 2021, which rescinds and replaces Bulletin 2018-01, issued on Sept. 25, 2018. The new Bulletin announced that the CFPB will no longer issue formal written Supervisory Recommendations. Instead, examiners will issue Matters Requiring Attention (MRAs) to express expectations to supervised entities, with or without a related finding of a violation. The MRAs should include specific goals and corrective actions to be taken, along with a specific timeline for actions.

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What is data validation and why is it so important?

The first step of a closing is for a massive amount of information — about the borrower, the property and the type of loan — to be entered into the lender’s loan origination system (LOS). Data validation is the process by which that information is audited and verified.

DocMagic's Loan Detail ReportGood data validation is crucial. For a variety of reasons (such as how the data is received, the size of the required data set and the complexity of the information), information may be incomplete, incorrect or improperly formatted — potentially causing major disruptions for lenders later on in the process. Lenders need a data validation system that confirms the loan data they’re collecting is complete, accurate and compliant at the state, federal and investor level.

“It’s a health integrity check of all of the loan’s data, to ensure that you have a complete and accurate data set prior to a document generation event,” said Chris Lewis, DocMagic’s Director of Enterprise Solutions.

What makes for a strong data validation system?

An effective data validation system should be able to analyze this data as it’s being submitted in order to catch errors and inconsistencies, such as if the zip code doesn’t match the state or if information such as the interest rate is missing, to name a few.

The best data validation systems should have a multilayered error-detection program, such as an audit engine that’s constantly analyzing the loan data. In addition to that, the system should generate a loan report that highlights any inaccurate, missing or questionable information. At the touch of a button, lenders should be able to pull up a laundry list of any issues that need to be addressed.

Of course, even if they lack an audit engine or loan report, lenders could still start plugging data into their LOS and generate a document package — but it's much more likely this would result in errors they won’t spot until much later.

“Maybe it’ll have an unpopulated field or generate documents in a non-compliant way,” Lewis said. “The old way is where lenders would generate documents and then look at them and realize, ‘I still need to add this or that,’ instead of being able to ensure everything is correct beforehand. Lenders could generate documents that way, but it would take a lot longer and be a lot more error prone.”

As part of data validation for both its document generation and 100% paperless Total eClose solutions, DocMagic offers an audit engine and Loan Detail Report that guarantees lenders can generate compliant document packages. The Loan Detail Report can be provided in both XML and browser-ready HTML formats.

On top of that, DocMagic also offers lenders the ability to configure custom audits according to their needs (for example, to flag things such as if a property in a specific zip code is over a certain price threshold). Additionally, after over 30+ years of operation and millions of closings, DocMagic has developed thousands of prebuilt audits that instantly spot potentially questionable data.

“Lenders are doing all the legwork to do their best to get complete and accurate data into the documents they generate, but using an automated data audit and validation engine can greatly reduce errors and double as a quick way to know what data you have left to collect,” Lewis said. “DocMagic’s platform gives lenders the benefit of all these other loans that have been closed in a compliant way on our platform, and of us providing rulesets that ensure they’re collecting quality data. That’s the endgame: quality data that’s complete.”

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The new URLA: The No. 1 thing to do ASAP to ensure you’re ready

The effective date requiring the new Uniform Residential Loan Application (URLA) is fast approaching—starting March 1, the updated form will be required in residential mortgage loan packages that lenders intend to sell to Fannie Mae or Freddie Mac.

The new form, which includes several changes, was first announced in 2016, and since then its mandatory implementation date has been delayed twice. With so much prep time, many lenders are prepared for the new URLA from a technical standpoint, with their loan origination systems (LOS) integrated with the new form.

But lenders’ work is still only partly done. They simply won’t be ready until they also conduct this key step: testing, testing, and some more testing.

For more information, visit DocMagic's URLA Resources page

“The forms have been around for a while and lenders may not have tested in some time. With the effective date just around the corner, lenders should be testing the latest updates, both with the form and their LOS and integrations,” said Gavin Ales, DocMagic’s Chief Compliance Officer.

At DocMagic, the bulk of clients’ requests for URLA-related customizations began in January and have been picking up every week ever since. Clients’ customization requests have concerned issues as varied as the exclusion indicator, properly classifying credits, and how the Lender Loan Information’s Qualifying the Borrower section is completed, to name a few.

“These are examples of things lenders wouldn’t know they needed until they actually start testing,” Ales said.

For DocMagic clients who are ready to test the new URLA, it’s easy to generate the new forms: Within DocMagic Online, just go to the Tools > Options menu and select “Use 2020 URLA.” Otherwise, we will keep providing the existing URLA/Form 1003 until March 1.

To handle joint borrower applications, clients have three configuration options for the new form’s main Borrower Information Document (BID):

  • A dynamic version, which includes the dynamic addition of joint borrowers to the same Borrower Information Document.
  • A separate Borrower Information Document for all borrowers, including joint borrowers.
  • The use of an additional Borrower Information Document for joint borrowers, in lieu of their own BID or dynamic BID.

Additionally, the Unmarried Addendum—which replaces the state-specific Civil Union/Domestic Partnership forms—will dynamically append to the BID for any unmarried borrower, no matter the state, while the Continuation Sheet discloses any state-specific required language and can also be used to provide explanations to any questions, if needed.

If your company hasn’t already started, it’s time to begin testing the new URLA form. Make sure you’re ready to go by March 1.

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CFPB issues statement on financial institutions serving LEP consumers

On Jan. 13, the Consumer Financial Protection Bureau (CFPB) issued a “Statement Regarding the Provision of Financial Products and Services to Consumers with Limited English Proficiency (LEP)." The statement encourages financial institutions to expand services to LEP consumers who often face barriers such as language access issues when obtaining credit.

cfpb1The statement highlights that the CFPB has been engaging with industry stakeholders, consumer advocacy organizations, and trade associations to get feedback on challenges specific to serving LEP consumers. In August 2020, the CFPB issued a Request for Information (RFI) which asked for comments on how to provide clarity under applicable laws and encourage creditors to provide services to LEP consumers.

In comments responding to the RFI, financial institutions expressed a need for further guidance on how to expand their products and services to LEP consumers while staying compliant. The CFPB received comments regarding concerns of potential fair lending risks under ECOA and potential UDAAP risks when stakeholders decide how and in what languages to offer products and services. For example, with hundreds of languages spoken in the United States, comments expressed concerns of prioritizing services in one language over another, and what factors may be considered in those decisions.

Additional comments asked the CFPB to clarify that institutions unable to provide support in other languages besides English are not in violation of ECOA, and that offering support in only some but not all non-English languages would not be considered an unfair, deceptive, abusive, or discriminatory practice. Some stakeholder groups suggested that the CFPB provide more translated documents and notices. Other comments asserted that verbal interpretation via telephone is a more effective short-term solution to improving services for LEP consumers.

In response to the feedback, the statement emphasizes the CFPB’s duty under the Dodd-Frank Act to ensure “fair, equitable and nondiscriminatory access to credit.” The CFPB encourages financial institutions to better serve LEP consumers, while remaining compliant with applicable legal requirements. To achieve this goal, the CFPB suggests that financial institutions may consider:

  • Implementing pilot programs or a phased approach to prove products and services to LEP consumers. 
  • Developing a variety of compliance approaches depending on relevant factors such as the “size, complexity, and risk profile of an institution.”
  • Mitigating compliance risks by providing LEP consumers with clear and timely disclosures in non-English languages that include the extent and limits of any language services provided. This would include providing how LEP consumers can obtain additional information or ask questions.
  • Extending credit under a special purpose credit program (SPCP), following the standards and rules provided in Regulation B. The CFPB previously issued an advisory opinion on how to develop and implement a compliant SPCP.

The CFPB recommends specific considerations to help financial institutions mitigate ECOA, UDAAP, and other legal risks when developing compliance solutions related to serving LEP consumers. When considering whether to provide non-English language services, the CFPB recommends that a financial institution consider documented and verifiable information such as U.S. Census Bureau demographics. Local demographics may help regional institutions decide to provide language services that differ from what would be provided by a more national focus. Product and service selection and language preference collection and tracking is also recommended to improve needed services and “facilitate communication with LEP consumers in non-English languages.”

The statement also emphasizes that financial institutions must follow federal and state law requirements for providing consumers with translated documents and must ensure the accuracy of the translations. Further, the CFPB recommends that financial institutions implement a compliance management system (CMS) that can document policies and procedures, and monitor services and consumer complaints.

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Relive some key mortgage industry milestones in 2020

2020 has been a year unlike any other—and that includes for the mortgage industry, which faced some of the biggest changes the industry has ever seen.

DocMagic has been tracking these momentous changes on our blog. As we say good-bye to 2020, we highlight some of the biggest mortgage stories of the year:

#1: The rise of eNotes

In 2019, there were over 127,000 eNotes registered on the MERS eRegistry. In 2020, through November, the number skyrocketed to over 407,000—a 264% year-over-year increase. At the same time, the number of companies transacting on the eRegistry rose 121%. It’s official: 2020 was the year of the eNote.

Another major event took place in 2020 that also pushed eNotes forward: After years of planning, Ginnie Mae and three members of the 11-member FHL Banks system began accepting eNotes as collateral. The other members will eventually follow suit.

“The fact that both are now accepting eNotes is crucial because it just introduced a whole new level of participants to the eNote world,” said DocMagic’s Chief eServices Executive Brian D. Pannell. “So, between the FHL Banks and Ginnie Mae, there are a lot of advancements in the ability to make those eNotes saleable.”

#2: The rise of RON

At the beginning of the year, 22 states had a remote online notarization (RON) law on the books. In 2020 another seven states jumped on board—Hawaii and Pennsylvania were the latest to enact a law—bringing the total to 29 states.

On top of that, a Senate bill was introduced at the federal level that would have allowed RON use nationwide (though it didn't pass), and several other states permitted RON for the first time ever—albeit via temporary emergency orders that were passed at the height of the stay-at-home orders. Many of the emergency actions have been repeatedly extended as the pandemic drags on.

As a result, RON transactions have increased 547% in 2020, according to a new survey from the American Land Title Association of vendors working in the RON space.

RON had already been increasing—due to a host of reasons that have nothing to do with social distanced-based safety—but the events of 2020 have given the practice a huge boost.

#3: And don’t forget RIN

Even though the demand for remote notarization was high, several states weren’t yet ready to commit to RON. Enter remote ink-signed notarization, a lower-tech and less secure alternative in which borrowers use a videoconferencing program like Zoom or FaceTime to connect with a notary and wet sign a document that is then physically mailed to the notary for their stamp.

Several states passed emergency orders to allow RIN, even ones that already permit RON, like Michigan and Texas.

RIN has several drawbacks, however, and draws its legitimacy solely from emergency orders. In Michigan, some RIN closings were even at risk after the state Supreme Court ruled that the governor didn’t have authority to extend her emergency powers—which allowed RIN—without the legislature’s approval. The legislature had to later pass a law to ensure that RIN transactions were valid.

#4: The new URLA is coming—at last

Fannie Mae and Freddie Mac announced back in 2016 that they were unveiling a new Uniform Residential Loan Application (URLA) for all lenders who intend to sell their loans to the GSEs; the mandated use-by date was then pushed back twice, with the latest delay—from November 2020 to March 2021—taking place this year as a result of the pandemic.

It looks like the latest deadline will stick. If so, lenders need to be ready by March 1, 2021, but they can get started now—the new URLA’s earliest effective date is Jan. 1, 2021.

#5: DocMagic employees shine

It was a banner year for DocMagic employees, several of whom were honored with industry accolades. This included DocMagic CEO Dominic Iannitti’s Lending Luminary Award; Lori Johnson’s HousingWire Insiders Award; Leah Sommerville’s Top 40 Under 40 honor; Brian D. Pannell being named a Thought Leader and HousingWire Tech Trendsetter; David Garrett’s appointment to the MISMO Residential Standards Governance Committee; and Chris Lewis’s recent Trailblazer Award by PROGRESS in Lending.

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The current state of eClosings: A Q&A with DocMagic's compliance chief

The mortgage industry is undergoing unprecedented change, and lenders are weighing the move to eClosings—because in the current environment, it’s no longer a question of if, but when. Gavin Ales, DocMagic’s Chief Compliance Officer, shares his insights about the compliance issues these lenders are facing.

What is still needed to make eClosings—including eNotes—more mainstream?

eNotes and eClosings need to be more readily accepted by investors. Lenders need all or most of their investors to be willing to purchase the loans; otherwise, they’ll be forced to arrange specific transactions with specific investors. Lenders will be able to close a much larger number of loans electronically when they don’t have to do all the extra leg work of checking in with their investors to confirm that they’ll accept an eClosing.

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Both eNotes—which are faster and more secure than paper notes—and eClosings require more global acceptance at county recorders’ offices. For example, a particular state’s law may allow an electronic notary on a mortgage, but if the recorder’s office won’t accept it electronically then that still presents a barrier. Lenders aren’t able to realize the full benefit of an eClosing if they still have to print it out and record a paper document.

The country is moving in the direction of digital mortgages; several states already allow electronic notarizations and more will be allowing the practice, but despite that, there is still the practical problem that not all county recorders have a process to electronically record a document. The laws have passed but the processes needed to carry them out are still not in place, so lenders may face a situation that even if a state allows eNotarizations, there may be recording offices that can’t process them.

What is one impediment to eClosing that is often overlooked?

One critical issue facing lenders is the availability of notaries who are able to conduct eClosings. In some cases, both the state and county recorder may be on board, but the difficulty may become finding an electronic notary. That’s something lenders aren’t thinking about. Having a ready and reliable supply of e-ready notaries would help lenders turn out eClosings just like any other loan. Even if a lender and investor are on board, an electronic notary still must be available. In a lot of states, electronic notaries must be specially registered, and the number of electronic notaries in those states are naturally lower.

What guidelines and regulations should lenders be aware of as they start to implement eClosings?

Lenders should first be aware of their own state laws as to what’s allowed and not allowed when it comes to notarizations. Some states require that lenders use a specific system or limit provider options to an approved list. Lenders also need to pay attention to investor guidelines, as to whether or not they accept electronic documents. Then the user must ensure that they have the full workflow covered, including setting up an eSign system, getting eVault access, and becoming a MERS member with access to the MERS eRegistry. Lenders also have to ensure their documents comply with Fannie Mae and Freddie Mac’s guidelines, such as having tamper-evident seals. Vendors such as DocMagic can ensure these requirements are met as part of our document generation solution.

From a compliance standpoint, how is RON an improvement over in-person notarizations?

Remote online notarization (RON) is a huge improvement over in-person notarization. Right now, there’s the obvious reason—in the middle of a pandemic, RON is far safer for people than being forced to meet in person to notarize loan documents. But even without a pandemic, RON would be the better choice, particularly when it comes to security. RON employs high-tech methods such as knowledge-based authentication and credential analysis to validate identification. In addition, the electronic document files must contain tamper-evident seals and the video of the signing session usually has to be stored for 10 years, both of which help to make the notarization process safer and more secure.

RON also makes it easier for borrowers to review loan documents ahead of the closing and for lenders to spot mistakes, such as missing signatures, sooner. RON is the culmination of a truly paperless eClosing.

Where is the state of eClosings headed next year?

eClosings will only grow in popularity. One look at eNote registrations is an indicator—they were already on the upswing, but the numbers have exploded compared with just last year. So far this year more than 400,000 eNotes have been registered, a 264% increase over last year, and the pace shows little sign of slowing.

The pandemic—and social distancing guidelines—have forced everyone’s hand. More companies are conducting business remotely and remote transactions have become more mainstream. Now that so many people are working from home, society is also moving away from the idea that everyone has to be in the same place when they’re working together. That mindset has also affected the mortgage industry, with more states allowing remote notarization and more borrowers wanting to conduct closings remotely. eClosings are just going to increase from here. The industry isn’t going backwards.

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DocMagic offers clients automatic audit of NMLS identification numbers

DocMagic is offering an easier way for clients to automatically audit the Nationwide Multistate Licensing System (NMLS) identification number of every company and loan officer they interact with.

A unique NMLS number is assigned to every mortgage company and its branches, as well as to individual loan officers. The ID number follows them throughout their mortgage career, even if they change companies or move to a new state. Consumers can go to the NMLS Consumer Access website and enter a lender’s or loan officer’s number to learn if they’ve been suspended or have had any legal issues.

While individual borrowers may find it easy to check a loan originator’s NMLS number that way, DocMagic clients—who work with hundreds of companies and loan officers across thousands of mortgage transactions—may find the process of manually checking every stakeholder’s NMLS number cumbersome and time-consuming.

Now, however, they no longer have to do this process manually. Instead, DocMagic’s clients can request, as part of our document generation solution, that the process be automated so that every time we run an audit, we also check the NMLS number of clients’ partners to confirm that they’re properly licensed to conduct business.

If the NMLS number doesn’t register as licensed, clients can choose to make that option fatal within a DocMagic audit.

The NMLS was created in 2008 by the Secure and Fair Enforcement for Mortgage License Act, also known as the SAFE Act. A response to the mortgage meltdown, the SAFE Act aims to boost consumer protection, cut down on fraud, and increase accountability by establishing minimum standards for the licensing and regulation of mortgage loan originators.

To receive an NMLS number and maintain a license in good standing, loan officers must complete and maintain various steps, such as passing a written qualified test; providing a credit report and fingerprints for a background check; completing pre-licensure education courses; taking annual education classes; not having a felony conviction in the last seven years; and never having a felony conviction for a financial crime.

Lenders and mortgage loan originators have to publish their NMLS numbers on advertising such as business cards and websites, as well as on specific loan documents.

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IRS releases new form 4506-C

The Internal Revenue Service (IRS) recently released a new version of Form 4506, as Form 4506-C, IVES Request for Transcript of Tax Return (version September 2020). 

Previously, the IRS posted an updated Form 4506-T (version June 2019) which removed Line 5a, which covers mailing tax transcripts to third parties, and replaced the “Caution” statement after Line 5 with the following “Note: Effective July 2019, the IRS will mail tax transcript requests only to your address of record. See What’s New under Future Developments on Page 2 for additional information.” This updated version of Form 4506-T could no longer be utilized for third party tax transcript requests, but the IRS continued to accept the prior March 2019 version which does allow for third party requests.

How a new lender found success amid the pandemic: Download the MortgageCountry case study

4506-C formWith the release of the new Form 4506-C, the IRS announced it will only continue to accept Form 4506-T (version March 2019) for all tax transcript order requests through Feb. 28, 2021.

Starting March 1, 2021, only Form 4506-C will be accepted for use by authorized Income Verification Express Service (IVES) Participants to order tax transcripts records electronically. Line 5a of the new form allows for participating IVES Participants information to be entered.

DocMagic postponed changing to Form 4506-T (version June 2019) and has continued to provide the March 2019 version of the form so that it could continue to be used by all customers and our IVES partners.

DocMagic will make the new Form 4506-C (DocMagic Form ID: 4506C.MSC) available upon request starting Nov. 19, 2020. Currently, DocMagic is working on implementation with IVES partners and awaiting guideline updates to be made by agencies and the secondary market to allow use of the new form. DocMagic will announce the default addition of Form 4506-C to initial and closing packages in the coming weeks.

Should you have any questions, please contact DocMagic’s Compliance Department at compliance@docmagic.com.

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CFPB’s 5-year TRID assessment produces mixed results

Earlier this month the Consumer Financial Protection Bureau (CFPB) released a five-year lookback assessment of the TRID rule—and its findings contain mixed results.

On the one hand, TRID—which is meant to help borrowers better understand the terms of their mortgage loans—has benefitted consumers, who are less confused about the mortgage process and find it easier to compare terms and costs.

However, the assessment also found that lenders and closing companies have paid significant costs for compliance.

The 316-page report, released Oct. 1, was mandated by the Dodd-Frank Act. The CFPB conducted three industry surveys (of lenders, loan officers, and closing companies) for the assessment and began soliciting public comment last November.

Here are some of its key findings:

  • TRID created “sizable implementation costs” for lenders and closing companies. According to industry surveys, the typical cost for a lender to implement TRID was $146 per mortgage originated in 2015 (about 2% of the average cost of originating a mortgage), while the typical cost for a closing company to implement TRID was $39 per closing in 2015 (about 10% of the average cost of closing).
  • Respondents to the lender survey reported their largest implementation costs were due to new information technology systems, policies, and training.
  • TRID appears to have initially decreased mortgage originations and increased closing times, but both returned to pre-TRID levels in a relatively short period of time.
  • On the consumer side, TRID “improved consumers’ ability to locate key information, compare terms and costs between initial disclosures and final disclosures, and compare terms and costs across mortgage offers.”

The CFPB also released a Data Point that examined data for approximately 50,000 mortgages. Here are some of its key findings:

  • Almost 90% of mortgage loans involved at least one revision, 62% received at least one revised Loan Estimate (LE), and 49% received at least one corrected Closing Disclosure (CD).
  • The prevalence of changes between the first LE and the last CD varied greatly: APR changes occurred in more than 40% of mortgages; loan amount and the loan to value ratio changed for almost 25% of mortgages, and the interest rate changed for 8% of mortgages.

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California enacts consumer financial protection law

The California legislature recently enacted a new consumer protection law, called the Consumer Financial Protection Law (CFPL).

The law was enacted under Assembly Bill 1864, which was passed Aug. 31. Gov. Gavin Newsom signed the new law on Sept. 25. Among other things, the law will change the name of one of the two main mortgage industry regulators from the Department of Business Oversight (DBO) to the Department of Financial Protection and Innovation (DFPI).

DocMagic published an article in January 2020, here, about plans included in the California governor’s budget proposal to create a new “mini-CFPB.”  The Consumer Financial Protection Law is the result of those plans being enacted by the legislature. However, the new law differs significantly from the original proposal.

One of the main differences is that this law leaves intact existing regulatory structures for mortgage lenders, banks, credit unions, etc. The CFPL will create new registration and oversight schemes that are applicable to debt collectors, credit reporting agencies, and any other person offering consumer financial products not otherwise currently regulated in California.  

The DFPI, while administering new oversight authority over broadened areas of consumer finance within the state, will also inherit the existing responsibilities and duties of the DBO, including oversight of existing licenses under the California Financing Law or the Residential Mortgage Lending Act and their requirements.

The powers granted to the DFPI expand the powers previously held by the DBO and include some of those granted to the Consumer Financial Protection Bureau under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. For example, the DFPI will be charged with performing market research and consumer outreach. The DFPI will also have new authority to find violations of Unfair, Deceptive or Abusive Acts or Practices (UDAAP) under the Consumer Financial Protection Law. 

While there is no immediate change to the existing regulations relative to mortgage lending in California, there are some minor changes that DocMagic will implement ahead of the effective date, such as updating the name of the Department of Business Oversight to the Department of Financial Protection and Innovation on certain California disclosures. Please stay tuned to our form update notifications for those updates. The new law is effective Jan. 1, 2021.

Should you have any questions about the content of this article, please contact DocMagic’s Compliance Department.

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