Regulations and practices in the mortgage market will help protect investors in MBS backed by residential mortgages from marketplace lenders, according to Moody’s Investors Service. However, it’s not clear if the protections will be enough to offset the rating penalties often applied to originators and assets that lack historical performance records. Moody’s published its analysis last week, noting that while no residential MBS has been issued by a marketplace lender as yet, the firm expects issuance at some point. Marketplace lenders – the most prominent of which is Social Finance – connect...

Hundreds of industry participants have written to the Consumer Financial Protection Bureau to express their opposition to or support of the bureau’s attempt to resolve some of the ambiguity associated with its Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure Rule. Title insurers say the CFPB missed a chance to fix a major problem: confusion about title premium charges. Real estate agents say the bureau is making things better for consumers by allowing lenders to share disclosures. One title insurance professional noted...

Hundreds of title agents across the U.S. responded in an organized letter-writing campaign and flooded the CFPB’s inbox with negative comments about the bureau’s attempt to clarify a number of issues related to its controversial TILA/RESPA Integrated Disclosure Rule, otherwise known as TRID.One title insurance professional commented that the CFPB missed an opportunity to change the closing disclosure’s calculation of title fees. “Consumers around the country continue to receive inaccurate information at the closing table about their title insurance costs,” she said. “This provision of the rule defeats the bureau’s own mission to provide consumers with a better understanding of their transaction.” The title agent urged the CFPB to fix this problem immediately so consumers will have a clear ...

Scores of real estate professionals have written to the CFPB to express their support of the TRID 2.0 provision that would enable the sharing of mortgage origination documents between lenders and real estate professionals. Carol Barkstrom, principal broker/owner at Connections Realty in Richmond, VA, told the CFPB, “Thank God you are proposing to make this change. We as agents being denied access to closing documents has been a huge problem.” Previously, real estate professionals “have always had access to disclosure documents to catch possible mistakes and omissions and to explain the meaning of all the pieces and parts of the closing documents to our selling and buying clients,” she added. However, with the original TRID rule, the bureau’s attempt to ...

The TILA-RESPA Integrated Disclosure rule helped improve communications with no impact on closing times, according to some real estate agents. But other agents reported that the new disclosure rule caused significant delays in closing purchase mortgages. The disparity in findings is contained in the newest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey, which asked real estate agents to describe their best/worst experience with lenders this year. TRID, as might be expected, received a number of mentions. An agent in California said lenders have been much better at communication since TRID took effect in October. “I feel that TRID keeps them more aware of the timelines they need to adhere to,” the agent said. And a sales professional in Maryland said homebuyers’ ...

The new nonprime mortgage-backed securities deals from Angel Oak Capital Advisors and Deephaven Mortgage contain a number of mortgages reflecting a range of issues in terms of complying with the CFPB’s TILA/RESPA Integrated Disclosure rule (TRID), a review of the offering documents revealed. Part of the compliance issues stem from the ongoing uncertainty about cures for minor errors. While the CFPB issued a proposed rule in July attempting to clarify some of these TRID uncertainties, and the Structured Finance Industry Group has worked with industry participants on a set of guidelines, it is still not clear whether some TRID errors can be cured. The $132.65 million nonprime MBS from Angel Oak included 251 mortgages subject to TRID, representing 59.4 percent ...

The CFPB’s TILA/RESPA Integrated Disclosure Rule continues to have mixed results, at least from the perspective of the nation’s mortgage originator community. According to the recently released results of a survey by the National Association of Realtors of mortgage originators during the second quarter of 2016, delays attributed to TRID eased between the first and second quarters of the year, as did lenders’ reluctance to offer pre-approval letters, while cancellations ticked up. Originators were asked, since April 1, what share of their company’s mortgage transactions had been delayed or cancelled due to a TRID-related issue versus non-TRID issues. Mortgages delayed due to TRID ticked barely down, from 1.8 percent in 1Q16 to 1.7 percent in 2Q16. In the fourth quarter ...

Most of the small-entity participants in the review processes run by the CFPB before it came out with four major mortgage rules felt they were hurried by the process and unsatisfied with the final results, the Government Accountability Office said in a recent report. The GAO took a look at the experience of the 69 Small Business Regulatory Enforcement Fairness Act (SBREFA) panel participants involved in evaluating the likely effects of the CFPB’s TILA/RESPA Integrated Disclosure rule (TRID), the mortgage servicing regulation, its loan originator compensation rule, and the Home Mortgage Disclosure Act regulation. Of the 57 small-entity representatives GAO interviewed, “two-thirds stated not enough time was allotted to discuss at least one of the topics on the panel agenda ...

One mortgage lender recently inquired of Michael Goldhirsh, director of legal and regulatory compliance for the Lenders Compliance Group, as to whether the definition of “application” in the CFPB’s TILA/RESPA Integrated Disclosure rule (TRID) triggers or otherwise affects reporting under the Home Mortgage Disclosure Act. In a recent blog posting, he replied: “The short answer is that receipt of some or all of the six pieces of TRID application information does not necessarily trigger an application for purposes of HMDA reporting.” Goldhirsh went on to explain that Regulation C defines an application for HMDA reporting purposes as an oral or written request for a home purchase loan, a home improvement loan, or a refinancing that is made in accordance with ...

The proposed rule from the Consumer Financial Protection Bureau addressing the TILA-RESPA Integrated Disclosure rule will likely help the non-agency market, according to industry participants. However, there’s also some frustration that the CFPB didn’t do as much as it could have to address cures and assignee liability. Industry attorneys note that if enough comments are submitted on the issues, the CFPB might make further changes to TRID. The changes proposed by the CFPB ...