Important Compliance Information

Transcription

1 This is being sent to inform you that one or more of the documents currently contained in your Wolters Kluwer Financial Services Bankers Systems software system or electronic documents module is being revised. The following information summarizes the changes and provides instructions on how to obtain and use the revised document(s). While not all users are affected by the changes, we ask that you read the following information carefully to determine if your documents require updates. Important Information Multistate Federal Reserve Form U-1 Reg G-3 Form In accordance with applicable law, a lender is required to have a Statement of Purpose for an Extension of Credit Secured by Margin Stock form completed and signed when a lender extends credit in excess of $100,000 secured directly or indirectly, in whole or in part, by any margin stock. There are two versions of the form--one for banks and one for non-banks (U-1 and G-3). The forms carry an expiration date in the upper right hand corner. The Federal Reserve normally extends the expiration date of the forms every three years. The last 3 year term ended January 31, Rather than extending for 3 years, the Federal Reserve took the unusual step of extending the forms to July 31, As that date passed, the Federal Reserve once again only extended the forms for six months. The newest expiration date is now January 31, It is our understanding that the short life is due to the fact that the Federal Reserve hopes to review the forms further and make additional changes. The forms have not been changed substantively (except for extending the expiration date). How to obtain and use the new documents (if fillable PDF s are mentioned above) Until you receive your next software or electronic documents update, any of the documents mentioned can be downloaded from Because they are intended as interim solutions, they cannot be integrated into your software system or electronic documents module. All downloaded documents are fillable PDF files, which allow you to complete the document on screen before printing. To access the document from the web site: Select Log in from the upper right corner. Review the Terms of Use agreement. Enter your User Name and Password and click Log In. At the bottom of the Terms of Use screen, select If you do not yet have a User Name for the the link for the document(s) you wish to download. secured sections of the web site, you may When prompted, select Save to save the file to your register online by clicking Register. You must computer. have your current customer number to register. If you receive a Security Warning screen, click Select Downloads. More Info for information on this warning or Select your Product. click YES to continue. Locate and select the Terms of Use link for the Save the file to your Desktop. desired document. After the download is complete, navigate to your Desktop and double-click to run the EXE. Select Yes to continue or No to close the utility. Enter the password that is specified on the Terms of Use screen and click OK. The file(s) are extracted to your computer. If you need assistance with the download, or have additional questions, please contact a SupportLine technician at, Extension Page 1 of Wolters Kluwer Financial Services

2 Commercial Loan Agreement Commercial Loan and Security Agreement Promissory Note Promissory Note And Security Agreement Promissory Note, Security Agreement And Truth In Lending Promissory Note And Truth In Lending Disclosures Promissory Note-Consumer Open End Promissory Note-Consumer Open End And Truth In Lending Visa revised its rules regarding zero liability for unauthorized use. The Visa rule change expands the zero liability coverage to U.S. ATM transactions sent over the Visa or Plus networks. Currently, all ATM transactions are excluded from zero liability coverage. In response to these changes, we will be updating the liability for unauthorized use of a credit card provisions of these documents for revolving plans when the borrower could access the credit line using a card and Visa or a Visa-branded card is used. Specifically, the Liability for Unauthorized Use of a Credit Card disclosure section applicable to a Visa-branded cards will be revised to exclude only ATM transactions outside of the United States or not processed over Visa or Plus networks from zero liability coverage. These changes become effective on October 17, Beginning October 17, 2014, for transactions where one advance card is used and it is the Visa/Interlink, then the following text in blue will need to be added to the Liability for Unauthorized use of a Credit Card notice. This limit on liability does not apply to commercial credit cards, to ATM transactions outside of the United States, to ATM transactions not processed over Visa or Plus networks, or to Personal Identification Number (PIN) transactions which are not processed by Visa. You can include the text using modify docs. If you decide to include the text as part of the additional terms or as part of another section of the documents, verify with your legal counsel that the location will satisfy the new requirement. Private Education Loan Approval Section (b)(4) of Regulation Z requires that the second page of the PPELApproval discloses available Federal Loan Alternatives. The interest rates for Stafford Undergraduate unsubsidized and Stafford Graduate are no longer the same. Therefore, the Stafford loan disclosures will be revised to reflect the three current loan types: Undergraduate subsidized, Undergraduate unsubsidized and Graduate/Profession. In addition, because the Plus Federal Family Education Loan (FFEL) program has been discontinued, the reference to FFEL will be removed. solution at support.wolterskluwerfs.com on or before October 15, Page 2 of 6

3 State Specific Montana, Oregon & Washington Deed of Trust with MERS-FNMA/FHLMC (MT) (VMP6AMT) Deed of Trust with MERS-FNMA/FHLMC (OR) (VMP6AOR) Deed of Trust with MERS-FNMA/FHLMC (WA) (VMP6AWA) The above documents will be updated with the new Fannie Mae MERS Instructions. The MERS definition section (E) was revised and other MERS references removed. The new MERS Rider VMP315R must be used with this form. The mandatory effective date for the use of these documents is October 15, Oregon & Washington Open-end Deed of Trust with MERS (OR) (VMPC665OR) Open-end Deed of Trust with MERS (WA) (VMPC665WA) The documents are being revised as a result of judicial decisions in Oregon and Washington and pursuant to the MERS System Procedures Manual, MERS should only be referenced as the nominee for the Lender and not beneficiary on a Deed of Trust in these states effective October 15, Additional language has also been revised pursuant to MERS Announcement regarding the rights of the nominee. solution at support.wolterskluwerfs.com on or before October 15, Indiana, New York, Tennessee & Wisconsin FNMA Loan Modification Agreement (VMP852R) FNMA Loan Modification Agreement (TN) (VMP852RTN) FNMA Loan Modification Agreement (WI) (VMP852RWI) LOAN MODIFICATION AGREEMENT WITH MERS FANNIE MAE 3179 (VMP 852A) LOAN MODIFICATION AGREEMENT WITH MERS FANNIE MAE 3179 (IN) (VMP 852AIN) LOAN MODIFICATION AGREEMENT WITH MERS FANNIE MAE 3179 (NY) (VMP 852ANY) LOAN MODIFICATION AGREEMENT WITH MERS FANNIE MAE 3179 (TN) (VMP 852ATN) LOAN MODIFICATION AGREEMENT WITH MERS FANNIE MAE 3179 (WI) (VMP 852AWI) Fannie Mae has updated its Form 3179 to include a provision authorizing the servicer to share certain borrower information with third parties authorized to provide mortgage assistance and other support services related to the borrower s loan. The update also removed the language relating to the Expanded Approval Timely Payment Rewards (EA/TPR ) program. We will be revising the VMP852R Loan Modification Agreement Page 3 of 6

4 and VMP852A Loan Modification Agreement with MERS series of forms. Changes were effective September 1, Massachusetts Flood Insurance Disclosure (MA) (VMP1534MA) We are creating VMP1534MA to meet compliance requirements. This disclosure is provided to the purchaser or owner of a residential property at the time the purchaser or owner is notified of the need to purchase or pay for flood insurance. If a creditor requires the purchase or payment for flood insurance on residential property in a mortgage, note or otherwise, then the creditor and the insurance producer, as defined in section 162H of chapter 17, must provide this notice. MA General Law Chapter 183, Section 69 added by MA HB3783. This requirement is effective November 20, North Carolina Notice of Information and Amortization of Home Loans (NC) North Carolina HB1133 was signed into law on August 11, As a result, SECTION 31. G.S A(e) has been revised to clarify that the term "home loan" includes a loan secured by a first security interest in a manufactured home. The definition covered only certain real estate loans prior to this change, so we will be updating the rules for selecting the Notice of Information and Amortization of Home Loans (NC) to ensure that the program produces this form for all transactions that meet the definition of home loan, including manufactured home loans. Help text and compliance analysis will be updated to reflect this change. South Carolina Release of Mortgage (SC) (VMP4041SC) Changes have been made to the document to be more consistent with the text required by South Carolina HB South Carolina's Governor signed a new law on June 2, 2014, effective immediately, which mandates that mortgage satisfaction forms be substantially similar to text spelled out in the statute. Page 4 of 6

5 Wisconsin Subordination-Real Estate Lien The In order to be recorded, Wis. Stat (5) requires any instrument by which the title to real estate, or any interest therein or lien thereon, is conveyed, created, encumbered, assigned or otherwise disposed of to include the name of the person or governmental agency which drafted the instrument. Therefore, we will be updating the Subordination-Real Estate Lien to include on the last page, This instrument was drafted by. Until this document is updated, you have the option of modifying the document to include the text or to use the fillable pdf. Title Applications for Various States Minnesota Title Application-Boat (MN) (BTA-1-MN) The Minnesota Department of Natural Resources has updated their Watercraft Title and Registration Application (LB014-04). The text in section 5 was revised. We will be updating our form to match the state document. Virginia Title Application-Boat (VA) (BTA-1-VA) The Virginia Department of Game and Inland Fisheries has updated their Application for Virginia Title and Registration (BRT) with a revision date of 07/14. We will be updating our form to match the state document. They have added new fields and new checkboxes througout the form. A new section for personal property taxation purposes and purchase and fee information has been added. This is now a 2 page document. Washington Title Application (WA) (MV-1-WA) The Washington State Department of Licensing has updated their Vehicle Certificate of Ownership (Title) Application (TD ) with a revision date of 7/14. The telephone number at the bottom of the form has been Page 5 of 6

6 updated and fields added for telephone number and expiration date. We will be updating our version of the form to match the state form. solution at support.wolterskluwerfs.com on or before November 1, Wyoming Title Application (WY) (MV-1-WY) The state of Wyoming has updated their Application for Certificate of Title and VIN/HIN Inspection Form (MV-300A) with a revision date of 6/14. We will be updating our form to match the state document. They added "or one $10.00 fee for inspection of a HIN and VIN at the same time" to the last sentence on the bottom of the first page. solution at support.wolterskluwerfs.com on or before November 1, Page 6 of 6