Tag Archives: originator

CFPB to Drop Enforcement Attorneys in Mortgage Lender Examinations

(OnlineEd – Portland, OR) Good news from the CFPB – they’re still not quite speaking softly, but starting in November at least, they’re leaving the big stick at home.

The Consumer Financial Protection Bureau confirmed earlier this month that enforcement attorneys would no longer be accompanying examiners in on-site exams of mortgage lenders.

The CFPB began the practice of having an enforcement attorney present at exams starting in 2012. This practice led to uneasiness in lenders and often made the process more costly. Detractors also argued that this practice limited the effectiveness of the examination process and differs from the practices of other federal regulators.

Beginning November, however, the agency will no longer have enforcement attorneys present at exams. According to a Bureau spokeswoman:

“We found that it wasn’t efficient to have both examiners and enforcement attorneys physically present on exams,” said the CFPB spokeswoman.  “We think this approach will result in better overall oversight.”

However, just because enforcement attorneys are on the bench, doesn’t mean that they will be uninvolved.  The CFPB made sure to clarify that enforcement attorneys will still be working with examiners:

“Supervision Examiners and enforcement attorneys will continue to work closely to ensure that the financial institutions that we oversee are following the rules.”

Not all of the news coming out of the CFPB is good, with many mortgage lenders struggling to make changes to comply with several January final rule effective dates, but this news should encourage mortgage lenders and should help relieve some of the stress and burden on the industry.

 

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Ten More States to Use Uniform Mortgage Test; 30 States Now Using the Test

(OnlineEd® – Portland, OR) The Conference of State Bank Supervisors (CSBS)  today announced that an additional 10 state mortgage loan originator licensing agencies will begin using the National SAFE MLO test. This brings the total number of state agencies to 30 who are using the test.  The test was first made available on April 1, 2013, and combines both the national and state testing requirements of the SAFE Act. Because the new test replaces the separate, state-specific test for the states who adopt it, it streamlines the process for mortgage originators who want to hold multiple state licenses.  Any mortgage loan originator who passes the test is compliant with the SAFE Act testing requirements in all thirty states. For a limited time, between April 1, 2013 and March 31, 2014, there is also the short version, stand-alone UST available for anyone who has previously passed the retired national test.

Twenty state agencies initially adopted the National SAFE MLO test in April, and an additional 10 state agencies will adopt it today.  These 10 state agencies are:

• The Alabama State Banking Department;
• The Alaska Division of Banking and Securities;
• The Indiana Office of Secretary of State;
• The Kansas Office of the State Bank Commissioner;
• The Montana Division of Banking and Financial Institutions;
• The Nebraska Department of Banking and Finance;
• The New Jersey Department of Banking and Insurance;
• The Tennessee Department of Financial Institutions;
• The Vermont Department of Financial Regulation; and
• The Wyoming Division of Banking.

states adopting

 

An additional five state agencies are scheduled to adopt the test by Jan. 2014.

More information on the National SAFE MLO test is available here.

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About CSBS:
The Conference of State Bank Supervisors (CSBS) is the nationwide organization of banking regulators from all 50 states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands.
About OnlineEd:
OnlineEd is a provider of mortgage and real estate broker pre-licensing and continuing education courses, as well as the developer of  InlineEd, an education and compliance management software for the mortgage industry.  For more information about OnlineEd please visit www.OnlineEd.com. For more information about InlineEd, please visit www.InlineEd.com.

8 New Mortgage Regulation Deadlines Coming Out of the CFPB

OnlineEd Mortgage Compliance Management System

OnlineEd

(OnlineEd – Portland, OR) – The Consumer Financial Protection Bureau (“CFPB”) gave 12 months (and sometimes less) from the “issue date” to implement the majority of these new requirements.  Because the CFPB considers the “issue date” as the date of publication on the CFPB’s website – rather than publication in the Federal Register,  your company will have less time to comply with the final rules.

Below lists the recent regulations along with a link to the regulation page on the CFPB website and the effective date.

June 1, 2013 – Escrow Requirements for Higher-Priced Mortgage Loans

June 1, 2013 – Prohibition on Mandatory Arbitration and Financing of Credit Insurance Premiums (from MLO Compensation Regulation)

January 10, 2014 – Qualified Mortgage and Ability-to-Repay Requirements

January 10, 2014 – Mortgage Servicing Requirements – Reg Z (TILA) and Reg X (RESPA)

January 10, 2014 – Loan Originator Compensation and Training, Certification and Identifier Disclosure

January 10, 2014 – High-Cost/HOEPA Mortgage Loans and Homeownership Counseling Disclosures

January 18, 2014  – Disclosure and Delivery of Free Copies of Appraisals – Regulation B

January 18, 2014 – Appraisals for Higher-Priced Mortgage Loans

Make sure your company is keeping tabs on when these regulations go into effect and has a plan in place to ensure complete compliance in the event of an audit.

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If you would like information about OnlineEd’s® Compliance Management System, InlineEd, developed for the mortgage industry, please visit www.InlineEd.com or telephone (866) 519-9597.

If you have questions or would like to learn more about OnlineEd®, please visit www.OnlineEd.com.

This article was published on May 15, 2013.  All information contained in this posting is correct and current as of this date.  Due to the fluid nature of the subject matter, regulations, requirements, laws, prices and all other information may or may not be correct in the future and if cited, should be verified before use by the user.

The CFPB is the New Sheriff in Town … Ready for a Visit?

(OnlineEd – September 26, 2012) Compliance management requirements for all non-banks have reached a new level with the new Consumer Financial Protection Bureau (CFPB) Examination Manual. According to the CFPB’s Web site:

“The CFPB’s approach to non-bank examination will be the same as its approach to bank examination. It may include a combination of any of the following tools: requiring nonbanks to file certain reports, reviewing the materials the companies
actually use to offer those products and services, reviewing their compliance systems and procedures, and reviewing what they promised consumers. In general, we will notify a nonbank in advance of an upcoming examination.”

While the CFPB has not specified just how much notice they will provide prior to an exam, some non-bank companies have been warned of a CFPB audit up to three weeks in advance. That is an improvement over some state audit notifications, which are often no more than a couple of days. However, given the magnitude and uncertainty regarding what they will be looking for, three weeks seems hardly long enough to prepare. One comprehensive area of CFPB compliance review that is new to most non-banks is policies, procedures and training. It is important for all non-banks to pay attention to this new requirement, as non-compliance can have a pronounced negative effect on the outcome of the exam.

CFPB Examination Procedures

First, let’s review the purpose of the CFPB examination. The CFPB Supervision and Examination Manual is a guide demonstrating how the CFPB will supervise and examine consumer financial service providers under its jurisdiction for compliance with federal consumer financial law. Completing the examination modules allows examiners to develop a thorough understanding of mortgage loan originators’ and lenders’ practices and operations.

Understanding the Compliance Management Review

General Principles and Introduction

The CFPB refers to those under its supervision as “Supervised Entities.” Supervised entities within the scope of CFPB’s supervision and enforcement authority include both depository institutions and nondepository consumer financial services companies. According to the CFPB, the goal of the supervised entity is to maintain legal compliance. A supervised entity must develop and maintain a sound compliance management system that is integrated into the overall framework for product design, delivery and administration. Supervised entities are also expected to manage relationships with thirdparty service providers to ensure that these providers effectively manage compliance with federal consumer financial laws applicable to the product or service being provided. The CFPB expects every regulated entity under its supervision and enforcement authority to have an effective compliance management system adapted to its business strategy and operations. Each CFPB examination will include review and testing of components of the supervised entity’s compliance management system. The initial review will help determine the scope and intensity of an examination. The findings of more detailed reviews and transaction testing will determine the effectiveness of the compliance management system and whether enhancements or corrective actions are appropriate. Compliance may be managed on a firm or an enterprise-wide basis, and supervised entities may engage outside firms to assist with compliance management. However an entity chooses to manage compliance they are expected to comply with federal consumer financial laws and appropriately address and prevent violations of law and associated harms to consumers through its compliance management process. The CFPB expects that compliance management activities will be organized within a firm, legal entity, division, or business unit in the way that is most effective for the supervised entity.

What are the components of an effective compliance management system?

The CFPB advises in its Manual that “A sound compliance program is essential to the efficient and successful operation of the supervised entity, much as business plan.” A compliance program includes several components, two that many organizations are not prepared for include:

  • Policies & Procedures
  • Training

The CFPB outlines that a supervised entity should establish a formal, written compliance program. This program should be a planned and organized effort to guide the entity’s compliance activities. There should be a written program that represents an essential source document that may serve as a training and reference tool for employees. The CFPB cites that “A well-planned, implemented, and maintained compliance program will prevent or reduce regulatory violations, protect consumers from non-compliance and associated harms, and help align business strategies with outcomes.”

All non-banks must have a compliance program in place

The examination objectives and procedures for the compliance program of the supervised entity are outlined in the Manual. Below we will review two elements of the compliance program which include policies and procedures and training.

Policies and procedures – Examination objectives

The CFPB expects that compliance policies and procedures be documented and in sufficient detail to implement the boardapproved policy documents. Examiners will request and review compliance policies and procedures. They will discuss elements with compliance officers or other responsible officers and employees of the supervised entity. Here is a short list of what examiners will look for:

  • Request and review policies and procedures related to consumer compliance, including federal consumer financial laws and policies and procedures related to offering consumer financial products and services. 
  • Review policies and procedures to determine whether and how they address new or amended federal consumer financial laws and regulations since the preceding examination or since the most recent consumer compliance examination by a state or prudential regulator, if applicable, if this is CFPB’s first examination. 
  • Request and review policies and procedures to determine whether they cover consumer financial products or services introduced since the preceding examination or since the most recent consumer compliance examination by a state or prudential regulator, if applicable, if this is CFPB’s first examination. 
  • Review policies and procedures relating to compliance with specific regulatory requirements (such as the privacy of consumer financial information) and their implementing procedures. 
  • Review policies and procedures for products in which employee compensation structures, pricing or underwriting discretion, or other features may pose heightened risk of unlawful discrimination. 
  • Review policies and procedures designed to ensure that the entity’s third-party service providers comply with legal obligations applicable to the product or service of the examined entity and the provider. 
  • Review policies and procedures for record retention and destruction timeframes to ensure compliance with legal requirements.
  • If compliance procedures are embedded in automated tools or business unit procedures, determine that a qualified compliance officer or contractor reviewed these tools for consistency with policies and procedures and compliance with applicable federal consumer laws and approved them for the purpose for which they are utilized.
What examiners will be looking for in your training program:

The CFPB notes that education is essential to maintaining an effective compliance program. They note that all executives should receive sufficient information to enable them to understand the entity’s responsibilities and the commensurate resource requirements. Management and staff should receive specific, comprehensive training that reinforces and helps implement written policies and procedures. The company should also include requirements for compliance with federal consumer financial laws. This includes prohibitions against unlawful discrimination and unfair, deceptive and abusive acts and practices.

Examiners will be looking to see that the following is being met in a company’s training program:

  • Compliance training is current, complete, directed to appropriate individuals based on their roles, effective, and commensurate with the size of the entity and nature and risks to consumers presented by its activities. 
  • Training is consistent with policies and procedures and designed to reinforce those policies and procedures. 
  • Compliance professionals have access to training that is necessary to administer a compliance program that is appropriate for that supervised entity and its business strategy and operations.
Training – Examination procedures

Examiners will request and review training records and interview management and staff to evaluate this portion of the compliance program. Examiners will be looking to the following for training compliance:

  • Request and review the schedule, record of completion, and materials for recent compliance training of board members and executive officers. 
  • Determine the involvement of compliance officer(s) in selecting, reviewing, or delivering training content. 
  • Request and review policies, standards, schedules, and records of completion for compliance-specific training of compliance professionals, managers, and staff, and documents demonstrating that third-party service providers who have consumer contact or compliance responsibilities are appropriately trained. 
  • Request and review samples of the content of training materials and comprehension tests, including training related to new regulatory requirements, new products or channels of distribution, and marketing (including scripts). 
  • Request and review training developed as a result of management commitments to address monitoring, audit, or examination findings and recommendations or issues raised in consumer complaints and inquiries. 
  • Determine whether the program is designed to provide training about the specific regulatory requirements relevant to the functions of particular positions, such as the Truth-in-Lending Act (TILA) for loan officers, Fair Lending, Equal Credit Opportunity Act (ECOA), Home Mortgage Disclosure Act (HMDA), etc. 
  • Review records of follow-up, escalation, and enforcement for units with training completion rates that do not meet the supervised entity’s standards or deadlines. 
  • Request and review the supervised entity’s plans for additions, deletions, or modifications to compliance training over the next 12 months and any plans for changes to the overall training resources and compare actual training activities to prior plans. 
  • Draw preliminary conclusions about the strength, adequacy, or weakness of the training element of the compliance program, and select lines of business, organizational units, or other areas for more detailed review and testing.

This means that companies will need to have a complete and comprehensive training program in place that not only delivers training but also provides for the accountability to show Examiners content delivered in training programs, who attended and how often training is received.

What steps should you take NOW in order to prepare?
  1. Review and update your policies, procedures and compliance manual. If you do not have policies and procedures, get them now!
  2. Develop your training program for your staff. If you do not have a training program get signed up for one and make certain it provides your company with the ability to offer all the training you will need.
  3. Keep records of your training. This includes material, testing and tracking of all staff. This is more than just your Nationwide Mortgage Licensing System & Registry (NMLS) Continuing Education.
  4. Size is not important. You may be a one person Mortgage Broker, but in the eyes of the CFPB, you are a “Supervised Entity” and expected to abide by the rules, regulations and compliance requirements just like the “Big Banks.”

The Dodd-Frank Act, when fully implemented, will help to promote consumer education and financial literacy. The longterm goal is to provide education for home buyers entering into the housing market and protect them from loans that are not fair or would not be in their best interest. With an increased knowledge of the risks associated with financing the purchase or refinance of a residential property home buyers will be able to make more education decisions. The best advice in understanding, complying with and implementing the changes that we will be seeing in the coming years is to be ready. This is REALLY important. It is no longer what you say, but what your customers understand. The best way to succeed with the Consumer Financial Protection Bureau is to be proactive.

Continuing Education Reminder Sent to MLOs Who Have Not Yet Completed

(Official NMLS Newsletter) – This is a reminder that the SAFE Act requires individual mortgage loan originators (MLOs) to complete 8 hours of NMLS approved continuing education (CE) annually. In addition to meeting the minimum federal requirements, a number of states also have state-specific education requirements that must be met. For details see State CE Requirement Chart.

A majority of state regulators will prevent an MLO from submitting an application for licensure renewal if they have not completed CE. Since it may take as long as 7 days for a course provider to report a course completion into NMLS, MLOs are strongly advised not to wait until a state agency’s deadline to try to complete CE or they may be prevented from submitting for renewal on time.

CE Deadlines

It takes 24 hours for a course completion to be recognized in NMLS and for the system to recognize you are eligible for renewal.

Smart Deadline:  Course(s) reported to NMLS by Thurs, Dec 21
At Risk to Miss Renewal: Course(s) reported to NMLS by Fri, Dec 28
Guaranteed to Miss Renewal: Course(s) reported to NMLS Mon, Dec 31

The last day for technical or customer service support for on-time CE reporting is Friday, December 28.

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Where to Get CE

NMLS education is available from www.OnlineEd.com. OnlineEd is NMLS provider number 1400327.

Which OnlineEd NMLS Approved Continuing Education Course Should I Take? (California)

(OnlineEd® – Portland, OR) – The SAFE Act requires a mortgage loan originator to complete a minimum of 8 hours of NMLS approved continuing education and renew their license each year on or before December 31st. A NMLS approved course provider has up to six days to report completed courses to NMLS and then the NMLS can take a couple days to process this upload. NMLS does not work weekends or holidays, so we recommend you complete your continuing education credits not later than the 3rd week of December.

At OnlineEd® we like to help you out whenever we can! In most cases, we are able to upload your education record to NMLS on the same or following business day you completed your training, depending on the time of day it was completed. Accuracy of your NMLS information you provide us with at enrollment is paramount to the successful uploading of your record. While we do what we can to expedite the whole credit banking process, NMLS has no tolerance for wrong NMLS ID numbers, names, or name and ID number mismatches. Please be sure to check your license for your licensed name and NMLS number and then enroll with us using that exact information. If you don’t have your license handy at the time of enrollment, go ahead and enroll, but be sure to shoot us a corrective email requesting us to update your account.

We also have three different course packages for you to choose from. We provide these different packages because we want to make sure you get the exact education you need, in the simplest way possible. Below are our NMLS approved courses along with a few sentences about which one would work best for your situation. If we provided your NMLS education last year, you are safe with us again this year! OnlineEd® writes and receives NMLS approval for a new course every year so you have no chance of taking the same course two years in a row.

 8 Hour SAFE Comprehensive: 2013 Originator Essentials – 8 HOURS

This course satisfies 8 hours of required National continuing education for mortgage loan originators.  Certain states may require additional credits for renewal.

Click HERE to learn more about this course.

EdPak S.A.F.E. – 2013 California DRE / NMLS Renewal Package (Complete Renewal Package) – 46 HOURS

If you are also a licensed real estate salesperson or broker in the state of California, then this is the package of courses  you want. It includes our National required 8-hours of NMLS approved education for mortgage loan originators, which is also approved for credit by the California BRE, as well as the necessary courses to renew your real estate salesperson or broker license. Licensees are able to complete the 8 hour NMLS continuing education before the deadline at the end of 2013 and then later complete the remaining courses for BRE credit. OnlineEd gives access to this package of courses for two years from the purchase date.

Click HERE to learn more about EdPak S.A.F.E.

8 Hour SAFE Comprehensive: 2013 Originator Essentials (For California Real Estate Licensees) – 8 HOURS

This course satisfies 8 hours of required continuing education for mortgage loan originators and California licensed real estate agents. Licensees who pass this course will receive credit for both the NMLS and the California BRE. This course is approved by both NMLS and California BRE.

Click HERE to learn more about this course.
OnlineEd® is California BRE Sponsor Number 4056
OnlineEd® is NMLS Provider 1400327
OnlineEd® NMLS Course ID Number 2941

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For more information about OnlineEd®, please visit our web site: www.OnlineEd.com or give us a call at 1.866.519.9597. For information about NMLS and license renewal requirements, please visit the NMLS Resource Center.

It’s Time For Mortgage Loan Originators to Start Their Annual NMLS Continuing Education

(OnlineEd) – Every state-licensed mortgage loan originator (“MLO”) in any approved status is to complete at least 8 hours of NMLS approved license renewal education as part of their license renewal requirements.  This annual continuing education must include 3 hours of Federal law, 2 hours of ethics, which includes fraud, consumer protection, and fair lending issues, and 2 hours of non-traditional mortgage lending, plus one additional hour of elective courses. In addition to the 8-hours of education, some  states have an additional state-specific course requirement. To find out the requirements for each state, please visit the NMLS State-Specific Education Requirements (July 9, 2012).

Because of a successive years rule, MLOs are not to take the same CE course two years in a row, but can take from the same provider two or more years in a row.  The provider’s NMLS ID number for the course indicates whether a course is a duplicate course. If a course has a NMLS ID number different from the course completed in the prior year, the course is not the same as the year prior and it will satisfy the requirements of the NMLS. At OnlineEd® (www.OnlineEd.com), the NMLS approved education course package is brand new and can be used by the thousands of licensees who used their courses last year.

The annual deadline to complete license renewal continuing education is December 31, 2012. However, NMLS gives course providers seven days to report a course completion into NMLS. Because of this seven days to report rule, MLO’s should not wait until the last minute to  complete CE or they may be prevented from submitting for renewal on time. The renewal is submitted when the provider uploads the licensee’s completion to the NMLS, not the actual date the course is completed by the licensee.  The team at OnlineEd® is usually able to upload NMLS course completions not later than the next business day from the licensees completion of their courses and, in most cases, they will even upload the same business day. Because the NMLS does not process course completions on weekends or holidays, the final date providers can upload completions this year is Friday, December 28th. MLOs are encouraged to complete all their educational requirements not later than December 21st.

To learn more about the OnlineEd® NMLS approved courses, please visit their web site.

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 OnlineEd® is NMLS approved under provider number 1400327.

OnlineEd® is a licensed vocational school offering real estate broker, mortgage broker, and insurance licensing courses.

For more information about OnlineEd®, please visit www.OnlineEd.com or contact Paul Cleary at 866.519.9597

30,000 Mortgage Loan Originators Still Need to Complete Their CE

OnlineEd

(OnlineEd – Portland, OR) Over 30,000 mortgage loan originators must still meet their CE requirement before the national deadline, which is December 31. A few states have earlier deadlines, however. Georgia MLOs, for example, must complete their education requirements before October 31.

CE for mortgage brokers is relatively simple to complete. Approved providers can deliver their approved courses either online or by live lecture.  The NMLS approves providers and qualifying courses. It is important to look for the required course approval number when searching for courses and providers. The NMLS requires posting of provider and course approval numbers when the advertiser uses the NMLS logo in advertising.

The 8-hour approved NMLS course is to include 3 hours of federal laws and regulations, 2 hours of ethics, 2 hours of non-traditional loans (loans other than 30-year mortgage loans), and a 1 hour elective course. To find out if your state has a requirement for additional hours beyond the NMLS requirement, check our list of state-specific deadlines or visit the NMLS Website.

To understand all that is involved with the license renewal process and to get renewed on time with the least amount of trouble, applicants should be sure to watch this helpful video.

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The OnlineEd 8-hour NMLS approved continuing education course in our catalog for just $49.95 + $12 NMLS Banking Fee.
 OnlineEd® is  is NMLS Approved Provider No. 1400327.
For more information about OnlineEd® or to enroll in our courses, please visit www.OnlineEd.com and click on your state.

Mortgage Loan Originators Can Win FREE Continuing Education

OnlineEd

Yes, you read that title right! OnlineEd® is offering one FREE 8 Hour SAFE Comprehensive Continuing Education Course every single week until December! All you have to do is head over to our facebook page, click like, and fill out the entry form. We pick a new winner every Friday at 3PM (PST). One entry per week only please. Multiple entries during the same wake will be disqualified.

Each winner will receive the complete 8-hour online course ($125 Value) which has been approved by the NMLS for continuing education credit for 2011.

Winners will be notified on Friday after the drawing.

 

NMLS Provider ID: 1400327
NMLS Course ID: 1888

MLOs Not to Take The Same NMLS Approved CE Courses in Successive Years

OnlineEd

(OnlineEd – Portland, OR) Mortgage Loan Originators (MLOs) cannot complete the same approved continuing education courses in the same or successive years to meet their annual requirements for continuing education credit. “Successive years” as interpreted by the NMLS means two years in a row. The SAFE Act of 2008 requires MLOs to complete 8 hours of NMLS approved CE annually.

The NMLS system for validating CE credits is programmed not to count the same course number twice. To avoid making this mistake, MLOs should make sure their preferred provider is offering courses with different titles than the year prior.

NMLS information about the “Successive Year” rule can be found in the NMLS Resource Center at http://mortgage.nationwidelicensingsystem.org/courseprovider/Documents/Successive%20Years%20Rule.pdf

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OnlineEd® is NMLS approved course provider number 1400327 . To learn more about OnlineEd, visit us at www.OnlineEd.com