Real Estate Lending Compliance

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This manual is designed to offer the attendee instruction on all the topics affecting consumer mortgages.

This manual is structured to address “Fair Lending” related topics followed by focusing on disclosures and contract provisions of the major consumer protection topics such as Regulation Z, RESPA and others.

This manual is a must for those entering the “regulatory compliance world” or those responsible for “pre” closing file preparation or “post” closing file review.

WHAT IS COVERED

EMPHASIS ON FAIR LENDING ISSUES

Equal Credit Opportunity Act – Regulation B

  • Identification of the Prohibited Bases
  • Required Collection of Monitoring Information
  • Permissible Questions
  • Spousal Signatures
  • Dodd-Frank Appraisal Requirements

Fair Housing Act

  • Coverage and Prohibited Practices
  • Specific Regulatory Agency Requirements

Fair Credit Reporting Act/FACT Act

  • Permissible Purposes and Use of Reports
  • Risk-Based Pricing Notices
  • FCRA Adverse Action Notices
  • Obligations as Furnisher of Information

Unfair, Deceptive or Abusive Acts or Practices

  • Standards of Determining What’s Unfair, Deceptive or Abusive
  • Managing Risks Related to UDAAP – Deposits & Loans

EMPHASIS ON DISCLOSURES

The Integrated Mortgage (TRID) Disclosures under the Truth-in-Lending Act and the Real Estate Settlement Procedures Act

  • Overview
  • Revised Definitions
  • Revised Coverage and Exemptions
  • The Loan Estimate
  • The Closing Disclosure
  • Timing and Delivery and Waiting Period Requirements
  • Rules for Issuing Revised and Corrected Disclosures
  • Recordkeeping Requirements

Truth-in-Lending Act – Regulation Z (Closed-End Credit)

  • Coverage and Exemptions
  • Adjustable Rate Mortgage Disclosures
  • Limitations on Mortgage Loan Originator Compensation
  • Identifying HOEPA (Sec. 32) and HPMLs (Sec. 35), Including New Escrow and Additional Appraisal Requirements
  • Rescission Pitfalls
  • Ability-to-Repay and Qualified Mortgages
  • Servicing Requirements Including Closed-End Periodic Statements

Real Estate Settlement Procedures Act

  • Current Coverage and Exemptions
  • Disclosures Regarding Force Placement of Insurance
  • Mortgage Servicing Policies
  • Early Intervention, Continuity of Contact, and Loss Mitigation Procedures
  • Proper Administration of Escrow Accounts
  • Prohibition of Referral Fees

Flood Disaster Protection Act

  • When Flood Determinations are Required
  • Use of Previous Determinations
  • Accuracy, Content, and Timing of Required Notices
  • Escrow Requirements
  • Force-Placement
  • Penalties for Non-Compliance

Additional Reference Materials Provided

  • Homeowners Protection Act​
  • Homeownership Counseling
  • Talent Amendment (Military Lending Act)
  • Sale of Insurance
  • Home Mortgage Disclosure Act

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