Financial Regulatory Reform: The New Rules on Loan Originator Compensation



Similar documents
BROWN, FOWLER & ALSUP A Professional Corporation Attorneys at Law MEMORANDUM

Amendment to the AFR Wholesale Broker Agreement regarding Amendments to Regulation Z. Table of Contents

Mortgage Loan Originator Compensation (12 CFR 1026)

Loan Originator Compensation: The New Paradigm

Final Rule Governing Loan Originator Compensation Practices

Dodd Frank Mortgage Reform 2014

Multistate Mortgage Committee (MMC) STATE NONDEPOSITORY EXAMINER GUIDELINES FOR REGULATION Z LOAN ORIGINATOR COMPENSATION RULE

MLO COMPENSATION, REGULATION Z, AND DODD-FRANK ACT

Overview The Regulation The Loan Estimate (LE) The Closing Disclosure (CD) Loan Estimate (LE) Application Date LE Responsibility

Regulatory Practice Letter

January 20, 2015 Updated Changes:

National Banker Call

The New Ability-to-Pay Rules; Qualified Mortgage Lending under the Dodd-Frank Act

NEW CFPB RULES FOR HIGH COST MORTGAGES AND HOMEOWNERSHIP COUNSELING February 3, 2013

ESCROW REQUIREMENTS UNDER TILA

FRESH. Agenda. Credit Union Integrated Mortgage Disclosures Are you Prepared?

CUNA s SUMMARY OF THE CFPB s MORTGAGE LENDING RULES Spring 2013

To Receive CPE Credit

1/22/2013. Mortgage U, Inc. Copyright 2012 Mortgage U, Inc. Copyright 2012 Mortgage U, Inc. Copyright 2012 Mortgage U, Inc.

New Mortgage Rules Update

Regulatory Practice Letter February 2013 RPL 13-07

Ability to Repay/Qualified Mortgages FAQ

CFPB Issues Much Anticipated Final Rules: Ability to Repay, Qualified Mortgages, Escrow Requirements and Homeownership Counseling

ii. 25(c)(2) Records related to requirements for loan originator compensation and

Early Summary of Ability to Repay and Qualified Mortgage Rules under Dodd-Frank Wall Street Reform and Consumer Protection Act.

When do I have to start following the TILA-RESPA rule and using the new Integrated Disclosures?

CFPB Integrated Mortgage Disclosures

Loan Originator (LO) Compensation. III. Loan Originator Compensation Restrictions; Profits-Based Compensation Exceptions

Regulatory Practice Letter June 2012 RPL 12-11

ABILITY TO REPAY/QUALIFIED MORTGAGE RULE

CLARIFICATION OF MAJOR CHANGES. Integrated Mortgage Disclosures

Mortgage Lending laws and how it affects you, the REALTOR. Presented by Anders Hostelley and Leonard Loventhal

CFPB Proposes New Mortgage Disclosure Rules

TILA-RESPA Integrated Disclosure Rule * January 21, 2015

TILA-RESPA Integrated Disclosure Rule

QUICK REFERENCE GUIDE TO DISCLOSURES TRUTH IN LENDING ACT AND REGULATION Z (1) (CLOSED-END HOME MORTGAGE TRANSACTIONS)

Broker Compensation Overview

Financial Services Update - Special Alert January 30, CFPB Issues Final Loan Originator Compensation and Qualifications Rule

TILA-RESPA Integrated Disclosure (TRID) Correspondent Division. Overview. Loan Estimate (LE) Key points. Topic The Regulation

LOAN SUBMISSION PROCEDURES

TRID. What are the Timing Requirements for Revisions to a Loan Estimate?

The New Mortgage Lending Process: A 2014 Check-Up and 2015 Planning

Section 1.35 Compliance Overview

Higher Priced Mortgage Loans Higher Priced Covered Transactions Qualified Mortgages High Cost Mortgage Loans Total Points and Fees

2013 Loan Originator Rule

Upon completion you will be able to:

How To Pay A Loan Officer A Fixed Rate

CFPB FINAL RULES SUN WEST IMPLEMENTATION GUIDE

TILA-RESPA Integrated Disclosures

DOCUMENT REQUEST - COMPLIANCE REVIEWS - LENDING

Regulation X Real Estate Settlement Procedures Act

Introduction. The new rules and forms take effect October 3 rd, 2015 for all loan applications submitted on or after that date.

Break Out Session: Mortgage Loan Underwriting and Pricing

CFPB Consumer Laws and Regulations

CFPB Loan Disclosure Rules: Know Before You Owe Mortgage Forms The New Requirements and Their Impact on Financial Institutions

TRID Quick Reference Guide

The Impact of the CFPB s New Mortgage Rules on the Closing Process

TILA/RESPA Integrated Disclosures. BRIAN A. NETTLEINGHAM Attorney/Shareholder Regulatory Compliance Group

LOAN ORIGINATOR COMPENSATION: 2014 SEPTEMBER

Summary of the Mortgage Lending Provisions In the Dodd-Frank Wall Street Reform and Consumer Protection Act

Know Before You Owe. TILA-RESPA Integrated Disclosure (TRID) Rule

How To Serve A Mortgage In The United States

Guide to Completing the Closing Disclosure The following list highlights requirements needed to complete each section of the Closing Disclosure (CD).

The New Mortgage Servicing Rules. FMS East Coast Regional Conference September 17, 2013

2013 Loan Originator Rule

Loan Originator (LO) Compensation. II. Purpose, Coverage and Overview; Loan Originator and Compensation Defined

How To Write A Disclosure Form

CFPB THE NEW DISCLOSURE FORMS AND REQUIREMENTS BE READY!!

The CFPB s New Mortgage Rules: Is Your Financial Institution Ready?

TILA RESPA An Overview

Guide to Completing the Loan Estimate The following list highlights requirements needed to complete each section of the Loan Estimate.

TILA RESPA Integrated Disclosures. On October 3 rd, life as we know it will change forever. One of the new forms is.

INTEGRATED MORTGAGE DISCLOSURES CLOSING DISCLOSURE

CFPB Regulations on Ability to Repay and Qualified Mortgages. MDDCCUA Training

Employer to Employee Compensation:

SPECIAL ALERT: CFPB PROPOSES SIGNIFICANT EXPANSION OF HMDA REPORTING REQUIREMENTS

Regulation X Real Estate Settlement Procedures Act

CFPB Consumer Laws and Regulations

Ability to Repay & QM Regulations

CFPB Mortgage Amendments. Get Caught Up!

CFPB s RESPA TILA Integrated Disclosure. Finley P. Maxson NAR Senior Counsel fmaxson@realtors.org (312)

Dodd Frank Act Mortgage Regulations Implementation Gap Analysis

Overview. General Requirements

2015 Fidelity National Title Group

CFPB and Lenders. A presentation on the Consumer Financial Protection Bureau and its impact on the lending industry

QM - Qualified Mortgages. Internal Training Use only July 1, 2014 #T014

Webinar Thursday, January 16, :00 3:30 pm ET

A Primer for a New Era in Closings: For loan applications received beginning August 1, 2015 some info courtesy of ALTA

Ability to Repay and Qualified Mortgage Rule

A Primer on the New CFPB Regulations Governing Residential Closings. Navigating the New Forms (Loan Estimate and Closing Disclosure.

This document contains Q &A for the Calyx Software Webinars held Feb. 22 & Feb. 23, 2011

The 4 CFPB Final Rules of the Dodd-Frank Wall Street Reform and Consumer Protection Act. December 2013

CFPB Regulations. Review & Enforcement

Comparison of Section 35(HPML) & Section 32(HOEPA) Regulations Including CFPB 2013 & 2014 Updates As of 01/07/2014

UNDERSTANDING THE LOAN ESTIMATE

Florida Mortgage Laws and Regulations. Introduction. LegalEase was asked to review and summarize any legislation since January of 2007

Comparison of Section 35(HPML) & Section 43(HPCT) Regulations

Brief Walk Through of TRID. Presented by: Scott Meerstein MGIC Inside Sales

Dodd Frank Act Mortgage Rules FAQs

Section Ability-to-Repay (ATR) (c)(1) and Qualified Mortgage (QM) (e), (f)

Transcription:

Financial Regulatory Reform: The New Rules on Loan Originator Compensation 1

Introduction NOTICE: This information is not intended to be used as legal advice to any person or entity. The information contained in this presentation has been compiled from various public sources. Please consult your counsel for additional information. 2

Introduction What is the Final Rule? On August 16, 2010, the federal Reserve Board issued a final rule to address loan originator compensation practices 75 Fed. Reg. 185 (Sept. 24, 2010) The Federal Reserve Board (FRB) has announced an amendment to Regulation Z, the implementing regulation for the Truth in Lending Act (TILA), regarding loan originator compensation (the Final rule). The Final Rule, effective for all loan applications received on or after April 1, 2011, regulates mortgage originator compensation and prohibits steering for all mortgage loan originators, in an effort to protect borrowers from unfamiliar lending and abusive compensation practices Effective date: April 1 st, 2011 3

Introduction Goals of the new rule Protect mortgage borrowers from unfair, abusive, or deceptive lending practices; and Help ensure that consumers can choose from loan options that include the lowest interest rate and lowest amount of points and origination fees 4

Introduction What transactions are covered by the new rule? All closed-end consumer credit transactions secured by first of subordinate liens on a dwelling that are subject to TILA Includes closed-end reverse mortgage transactions All owner occupancies (first and second homes) All lien positions What transactions are not covered by the new rule? Open-end loans (ie: HELOCs) Timeshares Loan modifications not rising to level of refinance under Reg. Z Loans secured by real property that do not a dwelling (ie: vacant land) Loans not covered by TILA (ie: business purpose loans, such as a loan secured by a home purchased for use as a rental property) 5

Introduction Three main prohibitions in the new rule: Compensation based on loan terms or conditions: Loan originators may not receive compensation that is based on loan terms or conditions, other than loan amount Compensation from multiple sources: Loan originators may not receive compensation from the lender or other parties if the loan originator is receiving compensation directly from consumer Steering: Loan originators are prohibited form directing or steering a consumer to accept a mortgage loan that is not in the consumer s interest to increase the loan originator s compensation 6

Prohibition #1 Loan Terms 7

Prohibition #1 Loan terms or conditions: No loan originator shall receive and no personal shall pay a loan originator directly or indirectly, compensation based on any of the loan terms or conditions What is a loan term or condition? No express definition, but examples provided: Interest rate Annual percentage rate LTV ratio Prepayment penalty A factor that,, while not itself a loan term or condition, serves as a proxy for a loan term or condition (e.g. credit score or DTI ratio) On express exclusion also provided: Loan amount (when the loan originator s compensation is based on a fixed percentage of the loan amount) 8

Prohibition #1 Loan terms or conditions example: Practice Tip: credit score or DTI ratio is a proxy for a loan term or condition when either of these factors results in different interest rates for the same loan to different consumers, and the loan originator s compensation from the same creditor for these loans varies in whole or in part based on either of these factors Practice Example: Consumer A and Consumer B receive loans from the same loan originator and creditor. Consumer A has a credit score of 650, and Consumer B has a credit score of 800 Consumer A s loan has a 7% interest rate, and Consumer B s loan has a 6.5% interest rate because of the consumer s difference in credit score The creditor pays the loan originator $1,500 in compensation for Consumer A s loan and $1,000 in compensation for Consumer B s loan. NOT PERMITTED because the creditor varies compensation payments in whole or in part with a proxy for a loan term or condition (i.e. the consumers credit scores reflect difference in interest rate) 9

Prohibition #2 Compensation From Multiple Sources 10

Prohibition #2 Brokers cannot collect compensation from both the borrower and the lender. On a level basis, the broker will be required to designate at the time of application the compensation method; Borrower-paid or Lender-paid The broker may choose which method works best for their respective business model. However, once the compensation method is selected, it may not change for that transaction For purposes of loan originator compensation, seller contributions are considered paid by the consumer. 11

Prohibition #2 Borrower-Paid Highlights Amount of compensation is negotiated between you and your borrowers Borrowers may use credits from the interest rate chosen to pay for third party fees, but such credits may not be used to cover any amount of the Borrower-Paid Broker compensation Brokers can lower compensation, pay for tolerance violations or offer credits towards third party costs Borrowers may pay discount points to reduce their interest rate 12

Prohibition #2 Lender-Paid Highlights 100% of the Broker s compensation must be paid by Majestic Home Loan. For purposes of the Final Rule, Yield Spread Premiums will always be considered Lender-paid. Compensation must match exactly to Broker s schedule of fees on file with company Borrowers may also use credits from the interest rate chosen to pay for third party fees Borrowers may pay discount points to reduce the interest rate Broker may not reduce commission to pay for tolerance violations, credit third party fees or offer other concessions 13

Prohibition #2 Borrower-Paid vs Lender-Paid Comparison Borrower-Paid Lender-Paid Source of Compensation All broker compensation paid by the borrower at closing with their own funds or with the proceeds of the loan All broker compensation paid by Majestic Home Loan through interest rate yield Amount of Compensation Loan Officer Compensation Premium Pricing Credit Broker negotiates broker origination fee and processing fee directly with the borrower Hourly wage or salary only Any premium pricing credit must be credited to the borrower and may only be used to pay third party closing costs and any Majestic Home Loan lender fee. *May not be used to pay any origination charge. Broker will choose their compensation margin in which they wish to operate; subject to change during a 5 day review period every 30 days Subject to agreement between broker company and loan officer Any premium pricing credit must be credited to the borrower and may be used to pay third party closing costs, broker fees and any Majestic Home Loan fee Steering Provision Not Applicable Title and Settlement Services Concessions Tolerance cures are deducted from compensation. Broker credits allowed. No broker credits. Origination may not be reduced at any time during the transaction. 14

Prohibition #2 Lender-Paid Compensation The following shows a sample rate sheet and the proper disclosure of lender-paid compensation on the GFE. For this example, the loan amount is $200,000. The rate selected is 4.750% for a 30 day lock and the above par pricing to the consumer is 1.134% or $2,268 Lender-Paid Broker Compensation is at a 2% margin; Lender fee = $795*; Title and settlement services = $3,000. Rate Lender Paid Scenario Agency 30 Year Fixed+ 30 day 5.000-0.298 4.875 0.192 4.750 1.134 4.625 2.105 4.500 2.690 NOTE: The borrower credit can be used to pay all fees in Box 1 including broker compensation *Lender Fee can vary by state. GFE Section Amount Calculation Block 1 $4,795 Lender-Paid 2% broker comp. + Lender Underwriting Fee Block 2 $2,268 Discount paid by borrower Block A $7,063 Block 1 + Block 2 Block B $3,000 Title and Settlement Services Total Fees Paid by Borrower Total Broker Compensation $10,063 Block A + Block B $4,000 Broker Fee 15

Prohibition #2 Borrower-Paid Compensation The following shows a sample rate sheet and the proper disclosure of borrower-paid compensation on the GFE. For this example, the loan amount is $200,000. The rate selected is 4.750% for a 30 day lock and the above par pricing to the consumer is.866% or $1,732. Negotiated Broker Fee = $3,500; Broker Processing Fee = $500; Lender Fee = $795*; Title and Settlement Services = $3,000. Borrower-Paid Scenario Agency 30 Year Fixed+ Rate 30 day 5.000-2.298 4.875-1.808 4.750 -.866 4.625 0.105 4.500 0.690 GFE Section Amount Calculation Block 1 $4,795 Block 2 ($1,732) Block A $3,063 Block 1 + Block 2 Broker Fee + Broker Processing Fee + Lender Underwriting Fee Credit to borrower of.866% for an interest rate of 4.750% Block B $3,000 Title and Settlement Services NOTE: The borrower credit can be used to pay all fees in Box 1 including broker compensation *Lender Fee can vary by state. Total Fees Paid by Borrower Total Broker Compensation $6,063 Block A + Block B $4,000 Broker Fee + Broker Processing Fee 16

Prohibition #2 How to complete the GFE Block A The following shows a sample GFE and what fields need to be completed. Block 1 Broker Fee + Broker Processing Fee + Lender Underwriting Fee or Lender-Paid Broker Comp + Lender Underwriting Fee Block 2 Credit to Borrower of.866% for an interest rate of 4.750% or Discount paid by borrower. Block A Block 1 + Block 2 17

Prohibition #2 How to complete the GFE Block B The following shows a sample GFE and what fields need to be completed. Block B Total Title and Settlement Fees Total Fees for Consumer Block A + Block B 18

Prohibition #3 Steering 19

Prohibition #3 How does the rule prohibit steering Loan originators are prohibited from directing or steering a consumer to a dwelling-secured loan based on the fact that the originator will receive greater compensation from the creditor in that transaction than in other transactions the originator offered or could have offered, unless the consummated transaction is in the consumer s interest. Directing or steering = advising, counseling, or otherwise influencing a consumer to accept a particular dwelling-secured loan Transaction must be closed 20

Prohibition #3 What does it mean to be in the consumer s interest? The transaction must be compared to other possible loan offers available through the originator (if any) for which the consumer was likely to qualify at the time of the transaction Possible loan offer = an offer that the creditor likely would extend upon receiving an application from the consumer (ie; offer does not need to actually be extended) Available = loan could be obtained from a creditor with which the loan originator regularly does business Likely to qualify = based on a creditor s standards and credit terms at the time of the transaction Good faith belief Based on information reasonably available May rely on information provided by consumer, even if subsequently determined to be inaccurate Loan originator not expected to know all aspects of creditor s underwriting criteria (only pricing and other information creditors routinely communicate to loan originators, such as rate sheets and minimum credit scroes) 21

Prohibition #3 Three ways to satisfy the prohibition: 1. Creditor Employees: Loan originator employees of creditors complying with the provisions of the rule prohibiting compensation based on loan terms and conditions in originating loans for their creditoremployers (ie; loan not brokered to another creditor) are deemed to comply with the steering prohibitions - Employee loan originators must comply with either 2 or 3 below when brokering a loan to another creditor. 2. Safe Harbor: Satisfy the Safe Harbor requirements 3. Least amount of Compensation: The loan originator reviews possible loan offers available from a significant number of creditors with which the originator regularly does business and directs consumer to the transaction that will result in the least amount of creditor-paid compensation to the loan originator. 22

Prohibition #3 Significant number of creditors = 3 or more creditors with whom loan originator regularly does business If loan originator regularly does business fewer than 3 creditors, loan originator is deemed to comply by obtaining offers from all creditors with whom it regularly does business Regularly does business = a loan originator regularly does business with a creditor if: There is a written agreement between the originator and the creditor governing the originator s submission of mortgage loan applications to the creditor; The creditor has extended credit secured by a dwelling to 1 or more consumers during the current or previous calendar month based on an application submitted by the loan originator; or The creditor has extended credit secured by a dwelling 25 or more times during the previous 12 calendar months based on applications submitted by the loan originator. For this purpose, the previous 12 calendar months begin with the calendar month that precedes the month in which the loan originator accepted the consumer s application 23

Prohibition #3 How is the Safe Harbor satisfied? 1. Consumer must be presented with loan options from a minimum number of 3 creditors with whom the loan originator regularly does business, that includes: A loan with the lowest interest rate; A loan with the lowest interest rate with no risky features (e.g. negative amortization, prepayment penalty, interest-only payments, balloon payment within first 7 years, demand feature, shared equity, shared appreciation); and A loan with the lowest total dollar amount for origination points or fees and discount points 2. If more than 3 loan options are presented for each type of transaction, loan originator should highlight the three loan options which meets the above criteria; and Less than 3 loan options for each type of transaction may be presented if the option(s) presented satisfy the above criteria (e.g., 1 loan meets all the requirements) 3. Loan originator believes in good faith that the consumer likely qualifies for the loan options presented 24

Prohibition #3 What is not required by the anti-steering provisions? Loan originator is not required to meet the safe harbor requirements Failure to satisfy the safe harbor does not subject the loan originator to any presumption that the loan originator failed to comply with the anti-steering provisions of the rule Loan originator is not required to establish a business relationship with any new creditors Loan originator is not required to inform a consumer about a potential transaction if the originator makes a good faith determination that the consumer is not likely to qualify Loan originator is not required to direct a consumer to the transaction that will result in a creditor paying the least amount of compensation to the originator Practice Tip: What is a creditor s liability for a broker violation of the prohibition on steering? A creditor s liability for a broker s violation with the steering provisions is not addressed under the Rule We strongly recommend that creditors impose a requirement on brokers to deliver a copy of a document evidencing compliance with these provisions (i.e., a borrower-signed document showing that he/she was offered loan options meeting the safe harbor) 25

Understanding Compensation 26

Understanding Compensation What is compensation? Fees the loan originator retains or keeps, regardless of the label or name given or associated with the fee Salaries, wages, commissions, and any financial or similar incentive, including: Annual or periodic bonuses; and Awards of merchandise, services, trips, or similar prizes What is not compensation? Amounts a broker receives and passes through for bona fide and reasonable third party charges (e.g. title insurance or appraisals) Contract Processing is a bona fide third party charge as long as the fee is paid through escrow/closing agent to a processing entity. 27

Understanding Compensation Broker Compensation Examples 1) Mortgage Broker charges a $400 application fee and uses that amount to pay $350 for a property appraisal and $50 for a credit report. Application fee does not constitute LO compensation for the purpose of the rule 2) Mortgage Broker deliberately marks up a third-party fee and retains the difference Mark-up amount retained is LO compensation 3) Mortgage broker is uncertain of the cost of a third-party charge at the time the $400 application fee is charged (ie; mortgage broker chooses from a list of appraisers that usually charge in a range of $300-$400 for a typical appraisal), and later the appraisal fee is determined to come in at $300 (ie; $50 less than expected) Mortgage broker may retain the $50 without it being deemed compensation under the FRB rule 28

Understanding Compensation What are permissible compensation methods? Compensation based on: Fixed percentage of the loan amount, where the fixed percentage remains the same for all loans (no tiers based on loan amount). Fixed minimum or maximum dollar amounts permitted. Overall loan volume (i.e. total dollar amount of credit extended or total number of loans originated) delivered to the creditor Long-term performance of the originator s loans An hourly rate of pay to compensate the originator for the actual number of hours worked Whether the consumer is an existing or new customer Payment that is fixed in advance for every loan the originator arranges for the creditor (e.g. $600 for every loan arranged for the creditor, or $1,000 for the first 1,000 loans arranged and $500 for each additional loan arranged) Percentage of applications submitted by the loan originator to the creditor that result in consummated transactions Quality of the loan originator s loan files (e.g. accuracy and completeness of the loan docs) or Legitimate business expenses, such as fixed overhead costs 29

Understanding Compensation Can Broker compensation be revised? If so, when? YES Periodic Revisions A creditor or other person paying a loan originator may periodically revise the loan originator s compensation prospectively, so long as the revised compensation is not based on a loan s terms or conditions. Factors such as loan performance, loan volume, and current market conditions may be reviewed and a loan originator s compensation revised prospectively based on that review. Majestic Home Loan allows one (1) tier change every 30 days. In order to request a tier change, a new Compensation Agreement must be completed and submitted online through the MTrac system. NO Modification of Loan Terms When a creditor offers a loan with specific terms and conditions, and subsequently, different terms or conditions are negotiated for that loan, the loan originator s compensation for that loan may not increase or decrease based on the renegotiated terms and conditions 30