The Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act) provides for the licensing and/or registration of mortgage loan originators. The SAFE Act requires mortgage loan originators to register with the Nationwide Mortgage Licensing System and Registry, obtain a unique identifier, and maintain this registration. The SAFE Act further requires states to adopt minimum standards for licensing residential mortgage loan originators. The Federal registration requirements of the SAFE Act have been implemented […]
Tag: Lending Compliance
THE CFPB INHERITS REGULATION F
The Fair Debt Collection Practices Act (FDCPA) was enacted to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent state action to protect consumers against debt collection abuses. Prior to July 21, 2011, the FDCPA provided that the Federal Trade Commission (Commission) must by regulation exempt from the FDCPA requirements any class of debt […]
THE CFPB’S REGULATION D
The Alternate Mortgage Transaction Parity Act (AMTPA) was enacted by Congress in 1982 to stimulate consumer access to credit and increase parity between state and federal creditors during an era of unusually high interest rates. In Senate hearings held in 1981, mortgage bankers testified that laws in 26 states either barred state housing creditors from originating alternative mortgage loans or imposed significantly greater restrictions on such loans than those that applied to federal housing creditors […]
HMDA – REPORTING MULTIFAMILY PROPERTIES
Lenders reporting HMDA data must complete the “Property Type” field on the Loan Application Register (LAR) to identify the type of property. Options include one-to-four family dwelling (other than manufactured housing), manufactured housing, or multifamily dwelling. The “multifamily dwelling” property type is often misreported due to a lack of understanding of the definition of multifamily dwelling. For HMDA reporting, a multifamily dwelling is a residential structure that houses five or more families. Even though condominium […]
THE CFPB INHERITS REGULATION C
The Home Mortgage Disclosure Act requires most mortgage lenders located in metropolitan areas to collect data about their housing-related lending activity. Annually, lenders must report those data to the appropriate Federal agencies and make the data available to the public. Historically, HMDA has been implemented by the Federal Reserve’s Regulation C. In addition to various substantive amendments, the Dodd-Frank Act transferred rulemaking authority for HMDA to the Bureau of Consumer Financial Protection (CFPB), effective July […]