CFPB Integrated Mortgage Disclosure Final Rule

Similar documents
What is T.R.I.D TILA-RESPA Integrated Disclosure

The TILA-RESPA Integrated Disclosures Rule consolidates. Estimate (GFE) into the Loan Estimate and. the Closing Disclosure

The CFPB s New Mortgage Disclosures

The CFPB s TILA-RESPA Integrated Disclosure Rule: What You Need to Know for October 3rd. Paul Bugoni, Esq. Stewart Title Guaranty Company New York, NY

TRID October 3, 2015!

The New Loan Estimate & a. Closing Disclosure Explained. Know before you close.

CFPB- Getting Ready for NEW Real Estate Closing Procedures. Ruth Dillingham, Special Counsel First American Title Insurance Company April 17, 2014

RESPA/TILA Integration

WELCOME! Are You Ready for TRID?

The TILA-RESPA Integrated Disclosure (TRID) Rule. Compiled by: 110 Title, LLC

WELCOME!

Ready. Set. know. Understanding TILA-RESPA Integrated Disclosure (TRID)

The new Loan Estimate Form integrates and replaces the existing RESPA Good Faith Estimate and the initial Truth in Lending forms.

Advertising, Consumer protection, Credit, Credit unions, Mortgages, National banks,

TILA-RESPA Integrated Disclosure rule

TRID: TILA-RESPA Integrated Disclosures Rules and Procedures Overview

TILA-RESPA Integrated Disclosure Rule FAQs for Wholesale Brokers

NEW INTEGRATED DISCLOSURES EFFECTIVE AUGUST 1, May 7, 2015

What Real Estate Agents/Brokers Need to Know: Know Before You Owe or the TILA RESPA Integrated Disclosure (TRID) Rule.

The WAIT IS OVER. THE ANXIETY BEGINS. New RESPA-TILA Mortgage Disclosure Forms

TILA-RESPA Integrated Disclosures (TRID) FAQs

TILA / RESPA Integration

Understanding CFPB Rules CONSUMER FINANCIAL PROTECTION BUREAU

TILA-RESPA Integrated Disclosure (TRID) Rule a.k.a. Know Before You Owe. with New Haven Middlesex Association of REALTORS

CFPB: The New Closing Process

CFPB: The New Closing Process

What REALTORS. Should Know About CFPB Changes. Courtesy of:

CFPB-TRID Frequently Asked Questions June 15, 2015

TRID Quick Reference Guide

Presentation by Janet M. Bonnefin Aldrich & Bonnefin, PLC

2/4/2014. Consumer Financial Protection Bureau Update A New Era of Regulation Begins. A Quick Overview of the CFPB. CFPB Overview (cont.

HERE S. TRID. ROBERT E. PINDER (904) ACC Quick Hit -- Truth-in-Lending Act/RESPA Integrated Disclosures Rule June 18, 2015

The New Mortgage Disclosure Forms: Know the Rule

THE CLOSING DISCLOSURE

Introduction to the TILA-RESPA Integrated Disclosure Rule TRID

BAI Learning & Development Webinar Q&A TILA-RESPA Integration Part 2 A New Way to Disclose

TILA-RESPA Integrated Disclosures, Part 2 Various Topics

TILA/RESPA Integrated Disclosure Rule

TILA-RESPA Integrated Disclosure rule

Comparison of 2010 RESPA-TILA Disclosure Rules to TILA RESPA Integrated Disclosure Rules

TRID Update, Liability, and Cures. Presented By Richard Horn Richard Horn Legal PLLC

TIL/RESPA Final Rules on Integrated Mortgage Disclosures

FINALLY HERE TILA-RESPA INTEGRATED DISCLOSURE FORMS

TILA RESPA Integrated Disclosures

Tips for Implementing the TILA-RESPA Integrated Disclosure rule

TILA-RESPA Integrated Disclosure rule

Section 12.1: Regulation Z Mortgage Disclosure Improvement Act (MDIA) Policy

CFPB Consumer Laws and Regulations

Facing Today s Real Estate Regulations

Closing Disclosure August 1, CFR

The New Loan Estimate & Closing Disclosure Explained. Know before you close.

The TRID Process for Wholesale Lending

Make Compliance Relaxing

TRID TILA RESPA Integrated Disclosures. Presented by David Luna

Our Industry Today TRID AND BEYOND. RDH Education Services. Presented by RDH Education Services

TRID FAQs: Payment Columns and the Black Hole

RESPA/TILA INTEGRATION PART II: CLOSING DISCLOSURE AND ACTION PLAN INCLUDES CLOSING DISCLOSURE TABLE. Jonathan Foxx * WHITE PAPER

TRID TILA RESPA Integrated Disclosures

REAL ESTATE SETTLEMENT PROCEDURES ACT ( RESPA ) POLICY

Closing Disclosure (CD) Communicating with Creditors Owner s Title Insurance Premium

Comment Call (12-14)

Interagency Consumer Laws and Regulations

TRID. Old vs New Comparison of TILA/RESPA Integrated Disclosure Changes for Real Estate Agents. Copyright 2015 Go2Training Consultants, LLC.

Table of Contents CLICK ANY TITLE TO GO DIRECTLY TO THAT SECTION. SUBTITLE A: Bureau of Consumer Financial Protection

TRID TOPICS Forms The Closing Disclosure (CD)

TILA RESPA Integrated Disclosure (TRID) Doing Business with NewLeaf

Reasons for Change. Are You Ready for the Regulation Z & RESPA Changes. Past, Present & Future Changes

Section 1.35 Compliance Overview

CFPB PROPOSED REGULATIONS

Delivered in partnership with your local title agency

Regulation X Real Estate Settlement Procedures Act

CHANGING THE WORLD OF REAL ESTATE. Presented By: THOMAS RICHARDSON

TRID Update: 6 Months In, Areas of Concern and Uncertainty

LOAN ESTIMATE (LE) CLOSING DISCLOSURE (CD) MISCELLANEOUS QUESTIONS

Integrated Disclosure Vocabulary List. Term Definition as of 8/1/2015 Adjustments and Other Credits

Fair Lending TILA and RESPA Integrated Disclosures ( TRID ) and Consumer Financial Protection Bureau ( CFPB )

Compliance Update. NCSHA 2018 HFA Institute Washington, D.C. January 11, 2018

Contents. Basics of the Integrated Mortgage Disclosures Rule...3. Closing Disclosure Sample...4. Closing Disclosure Delivery Calendar Examples...

TRID (TILA-RESPA ITNEGRATED DISCLOSURE RULE) FAQ

DISCLOSURE DELIVERY TIMELINE

Consumer Financial Protection Bureau Rule

TILA RESPA Integrated Disclosure ~ Closing Disclosure (CD) ~

FAR/BAR Changes Resulting from the New CFPB Rules What you Need to Know If Your Real Estate Deal MAY Close After October 3, 2015

Section 1.35 Compliance Overview

Amendments to Federal Mortgage Disclosure Requirements under the Truth in Lending

TRID. Acceptable Broker Submissions Booklet WHSL EQUAL HOUSING LENDER MEMBER FDIC NMLS #478471

FREQUENTLY ASKED QUESTIONS (FAQ) FOR IMPLEMENTING THE TILA-RESPA INTEGRATED DISCLOSURE RULE (TRID)

Game of. Disclosures

February 2016 FEBRUARY Sunday Monday Tuesday Wednesday Thursday Friday Saturday. CD is placed in the mail IF DELIVERED BY OVERNIGHT MAIL...

Executive Summary of the 2017 TILA- RESPA Rule

Investor R - Jumbo Product TRID Early Issues Update # 3

Re: Docket No. CFPB Amendments to Federal Mortgage Disclosure Requirements under the Truth in Lending Act (Regulation Z)

Know Before You Owe Policy Manual Table of Contents [Sample Client] Table of Contents. Sample

6/21/2013. Section III. Federal Rules, Regulations and Their Requirements. Federal Regulations. Federal Regulations

Presented by Powered by Investors Title

The Integrated Disclosures Rule Part A: Introduction to the Integrated Disclosures Rule... 5 Topic 1: Consolidated Disclosures...

When will this happen? Implementation Date. Applications taken on or after. August 1 st, 2015

Wells Fargo Settlement Agent Communications

TRID. Quick Compliance Guide T I L A-RESPA INTEGRAT E D DISCLOSURES Temenos USA. All rights reserved

THE ENFORCEMENT POWERS OF THE CONSUMER FINANCIAL PROTECTION BUREAU JONATHAN FOXX President and Managing Director Lenders Compliance Group, Inc.

Transcription:

CFPB Integrated Mortgage Disclosure Final Rule Current Status of the New Rule Mary Schuster Chief Product Officer - RamQuest

The Regulatory Reform Ecosystem

Meet the CFPB Mission Statement o To make markets for consumer financial products and services work for Americans by promoting transparency and consumer choice and preventing abusive and deceptive financial practices. What that Means o Conduct rule-making, supervision, and enforcement for Federal consumer financial protection laws; o Restrict unfair, deceptive, or abusive acts or practices; o Create a center to take consumer complaints; o Promote financial education; o Research consumer behavior; o Monitor financial markets for new risks to consumers; and o Enforce laws that outlaw discrimination and other unfair treatment in consumer finance

Meet the CFPB continued Departments Areas of Focus o Supervision and Enforcement o Consumer Engagement and Education o Research, Markets, and Regulations o External Affairs o General Counsel o Chief Operating Officer Sources of Funding o The CFPB is funded by authorized transfers from the Federal Reserve System, subject to limits established in the Dodd-Frank Act. The CFPB is also authorized to request up to $200 million in discretionary appropriations if the amount transferred by the Federal Reserve System is not sufficient.

Enforcement Powers of CFPB (Title X, Subtitle E) Investigations and administrative discovery Hearings and adjudication proceedings Litigation authority Referrals for criminal proceedings

Relief Available (Sec 1055) Rescission or reformation of contracts Refund of monies or return of real property Disgorgement or compensation for unjust enrichment Payment of damages Public notification of violation Limits on activities or functions Civil penalties: o Up to $5,000/day o If reckless, up to $25,000/day o If knowingly, up to $1,000,000/day

RESPA-TILA Rule Basics Early GFE and other early disclosures replaced by single Loan Estimate Form o Due to consumer within 3 days of loan app HUD-1 and Final TIL replaced by single Closing Disclosure Form o Due to consumer 3 days prior to closing

New Forms Apply To Covers most closed-end mortgages except: o Reverse mortgages o HELOC o Mobile home o Creditors making 5 or fewer loans per year o Commercial purpose loans

Effective Dates Applies to loans whose applications received by creditor or mortgage broker on and after 10/03/15 (a Saturday for systems conversions over the weekend) We are in full countdown and preparation mode.

The New Terminology Retrain Your Brain HUD-1 is now the Closing Disclosure Lender is now Creditor Borrower is now Consumer Closing/Settlement is now Consummation TILA and GFE are now the Loan Estimate

Positives of New CDF Return to full itemization of fees Agent/Underwriter premium split is gone Key Information on Page 1 Summary o Monthly Payment o Interest Rate o Cash needed to Close Consumers have time to review and ask questions Line Numbering (believe it or not this is a win) CFPB says only items anticipated as charges to buyer should appear in buyer s column * (common practice or contract) o Transfer Tax o Title Premium ***

3 Day Review Period 1026.19(f)(1)(ii) Initial concern in Proposed Rule: o 3 business days* prior to consummation** with re-disclosure if any changes occur Final Rule determination: o CDF must be delivered to the consumer (borrower) 3 business days in advance with limited re-disclosure requirements *business day for CD purposes: all days except Sunday and 10 federal holidays **consummation is defined as the time that a consumer becomes contractually obligated on a credit transaction. 12 CFR 1026.2(a)(13)

Re-disclosure Requirements 1026.19(f)2(ii) Requiring additional 3-day review period o Inaccurate APR o Change in loan product o Prepayment penalty added

Seller Closing Disclosure Seller provided Closing Disclosure by settlement agent at consummation. 1026.19(f)(4)(i) Nothing prohibits settlement agent from creating a separate form for seller purposes only Meet the ALTA Settlement Statement o Allows disclosure of all fees to buyer and seller (and their agents) o Accurately discloses all fees to all payees o Allows for signature a date by buyer(s), seller(s) and settlement agent

Waiver 1026.19(f)(1)(iv) Consumer may waive waiting period if they have a bona fide personal financial emergency. No waiver afforded for Seller s financial emergency. Purposely narrow definition by example: an imminent sale of consumer s home at foreclosure. Bureau chose not to expand definition.

A Look at the New Forms Loan Estimate 3 Pages o Replaces GFE and TIL Closing Disclosure 5 Pages 10 variations o Replaces HUD-1 Se Habla Espanol? 10 variations o Spanish Versions

Loan Estimate Form Page One

Loan Estimate Form Page Two

Loan Estimate Form Page Three

Closing Disclosure Form Page One

Closing Disclosure Form Page Two

Closing Disclosure Form Page Three

Closing Disclosure Form Page Four

Closing Disclosure Form Page Five

Things to Keep an Eye On Some topics continue to evolve. You need to keep alert and educated on the following topics..

Regulated Formula for Title Premiums Title Fee Estimates 1026.37(f)(2)-4 Title insurance premium for a lender s title policy: o Based on the full premium rate (basic)* 1026.37(f)(2) or (f)(3) Owner s title premium calculation = incremental difference o Full owner s title insurance premium + add lender s simultaneous issuance premium subtract the full premium for lender s coverage. 1026.37(g)(4)(2)(ii) *unless enhanced is specified in sales agreement

ALTA Settlement Stmt Page 1

ALTA Settlement Stmt Page 2

ALTA Settlement Stmt Page 3

Zero Tolerance Category 1026.19(e)(3)(i) Current Rule: o Fees to Creditor o Fees to Mortgage Broker o Fees for unshoppable services o Transfer Taxes New Rule: o Affiliate fees 1026.19(e)(3)(i) of lender required services

Change of Circumstance 1026.19(e)(iv)(ii) Information provided by consumer inaccurate Extraordinary event Discovery of new info specific to consumer or transaction Revision requested by consumer On day of locking rate After 10-day expiration *Disclosure required within 3 days of knowledge but not on same day as Closing Disclosure

Delivery Defined 1026.19(f)(1) Hand delivery: immediate (deliver on Monday, close on Thursday) US Mail: assumed receipt 3 days after placed in mail Email: with receipt confirmed by consumer after approval to use email method of delivery (if not, assumed 3 days to open email) Overnight Delivery: with consumer confirmed receipt

Post Closing Changes 1026.19(f)(2)(ii)(c) If CD becomes inaccurate during 30 days post consummation and results in change to money actually paid by consumer creditor must deliver or mail corrected CD within 30 days of knowledge. Tolerance cures must be mailed within 60 days of consummation 1026.19(f)(2)(v)(i). Seller changes- Closing agent responsible to redisclose within 30 days of knowledge. 1026.19(f)(2)(iii)

Resources and References 1. www.pria.us 2. Nationally - NAR, MBA, ABA & ALTA Industry Publications 3. RESPA-TILA-TALK.com 4. Twitter @TheMarySchuster 5. CFPB.gov o o o o 5 page Executive Summary Small Business Compliance Guide great 89 pages What it Means for Service Providers summary Sign up for Emails

What Should I Do Now? Download & Print the New LE and CDF forms for your office At A Glance Guide available from PRIA Become familiar and conversant Begin refining your processes Watch for news on evolving issues Attend multiple education sessions Understand your needs and what your software provider is doing to meet them