Host of Compliance Challenges, Land Mines Await in 2012
January 9, 2012
When it comes to contemplating the wide range of mortgage lending compliance challenges in 2012, it might be useful to borrow from former Defense Secretary Donald Rumsfeld: there are knowns, things we know and things we know we dont know, and there are unknowns, things we dont know that we dont know.In terms of some of the knowns, the mortgage servicing exam procedures released back in October by the Consumer Financial Protection Bureau provide a roadmap for some of the emphasis areas mortgage lenders can expect from their new regulator, according to Christopher Willis, partner in the Atlanta office of Ballard Spahr. I think fair lending is going to be a very big emphasis area for them, he said. The recent settlement between the Department of Justice and Bank of America sets the stage for that to continue to be a very public, very big issue. And that was an origination case; that wasnt even a servicing case.And if you read the mortgage servicing exam procedures, the CFPB is saying they want to apply fair lending analysis to things like foreclosures and loan modifications, he added. I think thats going to be a major source of activity.