Presentation on theme: "CFPB Update. This presentation is for informational purposes only and is not and may not be construed as legal advice. North American is not a law firm."— Presentation transcript:
This presentation is for informational purposes only and is not and may not be construed as legal advice. North American is not a law firm and does not offer legal services of any kind. No third-party entity may rely upon anything contained herein when making legal and/or other determinations regarding title practices. You should consult with an attorney prior to embarking upon any specific course of action. CFPB Update Looking Ahead
ABOUT THE CFPB
W HAT I S THE CFPB? Consumer Financial Protection Bureau Independent bureau within Federal Reserve System Regulates offering and provision of consumer financial products or services under Federal consumer financial laws Created by Dodd-Frank Wall Street Reform and Consumer Protection Act 1 1 Dodd-Frank § 1011(a), 12 United States Code § 5491(a)
W HAT D OES THE CFPB R EGULATE ? Credit Cards Mortgages Bank Accounts & Services Credit Reporting Money Transfers Debt Collection And More
2014 MORTGAGE RULES
T HE 2014 M ORTGAGE R ULES Issued: January 2014 (thereafter amended) Effective: January 2014 (most provisions) Location: – CFPB Website: – Published in Federal Register – Amend Code of Federal Regulations
T HE 2014 M ORTGAGE R ULES ( CONT.) Ability to Repay and Qualified Mortgage Standards Under the TILA 1 (Reg. Z) – Effective: 1/10/14; Issued: 1/10/13 (Amended: 5/29/13 & 7/10/13) High-Cost Mortgage and Homeownership Counseling Amendments to the TILA (Reg. Z) and Homeownership Counseling Amendments to the RESPA 2 (Reg. X) – Effective: 1/10/14; Issued: 1/10/13 (Amended: 9/13/13 &10/15/13; Interpretive Rule & Summary: 11/8/13) Escrow Requirements under the TILA (Reg. Z) – Effective: 6/1/2014; Issued: 1/10/13 (Amended: 5/16/13, 7/10/13 & 9/13/13) 1 Truth In Lending Act 2 Real Estate Settlement Procedures Act
T HE 2014 M ORTGAGE R ULES (cont.) 2014 RESPA (Reg. X) & TILA (Reg. Z) Mortgage Servicing Final Rules – Effective: 1/10/2014; Issued: 1/17/13 (Amended: 7/10/13, 9/13/13 & 10/15/13) Appraisals for Higher-Priced Mortgage Loans – Effective: 1/18/2014; Issued: 1/18/13 Disclosure and Delivery Requirement for Copies of Appraisals and Other Written Valuations Under Equal Credit Opportunity Act (Reg. B) – Effective: 1/18/14; Issued: 1/18/13 (Amended: 9/13/13) Loan Originator Compensation Requirements under TILA (Reg. Z) – Effective: § (h) – 6/1/13; Remainder 1/10/14; Issued: 1/20/13 (Amended 5/29/13 & 9/13/13)
T HE I MPACT Lender’s activities in 2014 – Review the regulations – Upgrade systems – Train employees Lender’s activities in 2014 – Implement the regulations – Comply
QM AND QRM R ULES The Dodd-Frank Act mandated that, for a residential mortgage, a creditor must make a reasonable and good faith determination based on verified and documented information that a consumer has a reasonable ability to repay an owner-occupied, residential mortgage loan according to its terms. The Ability To Repay Rule provided a series of factors to be considered when making a determination about a borrower’s ability to repay. It also provided a conclusive presumption, or safe harbor against litigation, for QM loans that are not higher-priced loans, and a rebuttable presumption of a borrower’s ability to repay QM loans that are higher-priced loans.
QM AND QRM R ULES Broadly defined, a QM loan has the following requirements: no negative amortization no interest-only payments no balloon payments no terms in excess of thirty years verification and documentation of the borrower’s financial resources points and fees must be less than three percent of the principal amount of the loan (but certain bona fide discount points excluded from this calculation in certain cases) monthly payments, for purposes of calculations used in determining QM status, based on the highest payment in first five years total debt to income ratio cannot exceed 43%, except in the case of loans meeting certain government affordability or other standards (e.g., loans meeting Fannie Mae or Freddie Mac requirements, or loans that are eligible for government insurance or guarantees)
QM AND QRM R ULES Under Dodd-Frank, securitizers of asset-backed securities are required to retain an economic risk (no less than 5%) in the assets collateralizing the asset-backed securities. However, among the exceptions in the proposed rule is that the risk retention requirements do not apply if all of the assets collateralizing the securities are QRMs. Dodd-Frank requires that the definition of QRM be “no broader” than the definition of QM adopted by CFPB. In the proposed rule, issued on April 29, 2011, the QRM Agencies defined QRM as “a closed-end credit transaction to purchase or refinance one-to-four family property at least one unit of which is the principal dwelling of a borrower” and that meets certain criteria. While the criteria for a QRM in the proposed rule are similar to the criteria for a QM set forth in the Ability-to-Repay Rule, there are some significant differences. In particular, the proposed rule defining QRM: (a) capped the interest rate increases for adjustable rate mortgages whereas the QM definition merely clarified how the adjustment should be factored into an Ability-to- Repay determination, (b) contains a maximum loan-to-value ratio of 80% for a purchase money mortgage whereas the QM definition does not establish loan-to-value limits, (c) required a 20% down payment for a purchase money mortgage whereas the QM definition does not require a specific down payment amount, and (d) required a debt-to-income ratio of 36% in contrast to the QM limit of 43%.
THE IMPACT – SELLER FINANCING Seller Financers – Have legal obligations – Should seek legal counsel – May receive notices and disclaimers from settlement service providers – May be asked to sign acknowledgments of notice and disclaimers or releases of liability
INTEGRATED MORTGAGE DISCLOSURES RULE
I N G ENERAL Dodd-Frank Mandate 1 : – Replace existing RESPA and TILA disclosures with single disclosure to include information previously contained in two separate ones Proposed Rule - Issued: 7/9/12 Final Rule - Issued: 11/20/13 Implementation Date: 8/1/15 1 Dodd-Frank § 1032(f), 12 United States Code § 5532(f).
R ULE F ORMS New “Loan Estimate” – Replaces current GFE and initial TIL – Three pages long New “Closing Disclosure” – Replaces current HUD-1 and final TIL – Five pages long
L OAN E STIMATE Required by 12 CFR § (e) Contents in 12 CFR§ Provided by lender or mortgage broker Deliver or place in mail within 3 “business days” of application (incl. Saturday if Lender open) With estimated settlement & transaction Charges Estimates subject to tolerances
Loan Estimate Page 1 § (a)-(c) (a)General Information (b)Loan Terms If answers to questions in this section were “YES” different information would be provided (c)Projected Payments Includes payment schedule & estimated taxes, insurance & assessments
Loan Estimate Page 1 § (d)-(e) (cont.) (d)Costs at Closing (e)Website reference Statement about & link to CFPB website
LOAN ESTIMATE PAGE (F)-(J) § (f)Loan Costs (g)Other Costs (h)Calculating Cash to Close (i)Adjustable Payment (AP)Table* (j)Adjustable Interest Rate (AIR) Table* *To reduce confusion, these tables are only included if applicable
LOAN ESTIMATE PAGE (K)- (N) § (k)Contact Information (l)Comparisons (m)Other Considerations (n)Signature Statement Signatures not required Different statements required depending on whether signature line is or is not included.
Required by § (f) Three business days before closing Provided by: – Lender - § (f)(1)(i) – Lender may rely on Settlement Agent, but Lender remains responsible for accuracy - § (f)(1)(v) Contents in § C LOSING D ISCLOSURE
CLOSING DISCLOSURE PAGE 3 § (I)-(K) (i)Calculating Cash to Close Tolerance amounts shown here (j)Summary of borrower’s transaction (k)Summary of seller’s transaction Itemizations in I and J are like page 1 of today’s HUD-1 Settlement Statement
CLOSING DISCLOSURE PAGE 4 § (L)-(N) (l)Loan Disclosures (m)Adjustable Payment (AP) Table* (n)Adjustable Interest Rate (AIR) Table* * Tables are only included if applicable
Closing Disclosure Page Five § (r)-(s) (cont.) (r) Contact information (Refinance) Contact information for: 1.Lender 2.Mortgage Broker 3.Settlement Agent (r) Contact Information (Sale ) Contact information for: 1.Lender 2.Mortgage Broker 3.Real Estate Broker (B) 4.Real Estate Broker (S) 5.Settlement Agent (s)Signature Statement
Additional Model Forms & Variations Forms differ based on: – Sale vs. loan only – Split forms for: Borrower’s transaction Seller’s transaction – Alternative “Calculating Cash to Close” table – Etc.
T HREE D AY A DVANCE D ISCLOSURE Closing disclosure received 3 business days before “consummation” (closing) – Business day includes Saturday whether lender is open or not 1 Changes requiring a new 3 business day waiting period 2 – Annual percentage rate becomes inaccurate – most loans 1/8%; certain loans 1/4% – Loan product changed – Prepayment penalty added 1 12 CFR § (a)(6) 2 nd sentence 2 12 CFR § (f)(2)(ii)
T HREE D AY A DVANCE D ISCLOSURE (cont) If not provided in person (i.e. mailed), add 3 business days for presumed receipt 1 Still have 3 day rescission for refinances 2 Consumer may not waive the 3 day waiting period except in the event of a “Bona Fide Personal Financial Emergency” CFR § (f)(1)(iii) 2 12 CFR § (not amended by this Final Rule) 3 12 CFR § (f)(1)(iv)
C HANGES & G UIDANCE Amendments to the Final Rule could occur – Before August 1,2015 – On or after August 1,2015 Official Interpretations – Found in: – Detailed Supplement I to Part 1026 – Time consuming to issue
Thank you Michael Holden Vice President Field Operations and Agency Manager, Great Lakes Region North American Title Insurance Company 7550 Lucerne Street, Suite 401 Middleburg Heights, Ohio Direct/Cell: Fax: