Based on a recent report from the Financial Stability Oversight Council (FSOC), nonbank mortgage companies (NMCs) need to prepare for additional regulatory scrutiny from both state and federal regulators. In the report, FSOC identifies NMCs as critical participants in both the residential mortgage origination and servicing industries. And in recognition of this distinction, FSOC believes
Mortgage Servicing
Did the CFPB Create New Obligations for Mortgage Servicers in Its Supervisory Highlights Report?
While the Spring 2024 Supervisory Highlights report issued by the Consumer Financial Protection Bureau (CFPB) largely covered loss mitigation deficiencies and fee practices — issues that are regulatory priorities and, therefore, top of mind for mortgage servicers — two potentially under-the-radar findings outlined in the report are actually noteworthy and merit further analysis. First, in…
Fannie Mae Issues Fair Servicing Best Practices Guide
This week, in line with the CFPB’s ever-increasing focus on fair lending, Fannie Mae issued a Fair Servicing Best Practices Guide to promote “servicer awareness of fair servicing best practices.” Taking a big picture approach, the guide states that servicers should ensure that “all borrowers are treated consistently and fairly throughout the loan servicing…
Mortgage-Related Complaints to CFPB in 2022
On March 31, 2023, the CFPB released its annual consumer complaints report. Although there was a significant increase in non-mortgage related complaints, the volume of mortgage-related complaints decreased compared to previous years. The CFPB contacted companies for review and response for approximately 23,600 (or 81%) of the 29,100 mortgage complaints they received in 2022.
COVID-19 National Emergency Ends Sooner than Anticipated, Creating Risks for Mortgage Servicers
Three years after it began, the presidentially declared COVID-19 national emergency is officially over. On April 10, 2023, President Biden signed H. J. Res. 7, officially ending the COVID-19 national emergency a month earlier than anticipated. For mortgage servicers who had been led to believe that the national emergency would remain in place for another…
Fannie Mae to Test Drive Ditching Title Insurance
In a surprising shift from its current position, Fannie Mae is expected to roll out a pilot program this spring that waives title insurance requirements for certain loans sold to Fannie Mae, according to a recent report from Politico. While the specifics of the plan have not been announced, this pilot program comes on…
CFPB Updates Mortgage Servicing Exam Procedures
On January 18, 2023, the Consumer Financial Protection Bureau (CFPB) released an updated version of its Mortgage Servicing Examination Manual. As the CFPB described in a corresponding blog post, the manual outlines “the types of information that CFPB examiners gather to evaluate mortgage servicers’ policies and procedures; assess whether servicers are complying with…
FHA Implements COVID-19 Property Charge Repayment Plan for HECM Borrowers
On December 15, 2022, the Federal Housing Administration (FHA) issued Mortgagee Letter 2022-23, establishing the COVID-19 Home Equity Conversion Mortgage (HECM) Property Charge Repayment Plan.
The COVID-19 HECM Property Charge Repayment Plan would aid HECM borrowers in covering costs associated with standard property charges. As a condition of their loan, HECM borrowers are required…
Have You Heard of ADCONs? How to Get Ready for Fannie Mae and Freddie Mac’s New Address Confidentiality Program Requirements
In July of this year, Fannie Mae announced an update to the Agency’s Seller and Servicer Guidelines to include requirements that mortgage loan sellers and servicers comply with state address confidentiality programs (ADCONs), and to enter coding for borrowers who identify themselves as participants in such programs (SEL-2022-06; SVC-2022-05). Fannie Mae’s announcement…
CFPB Releases RFI on Mortgage Servicing Rules Signaling Potential for Future Regulatory Reform
On Thursday, September 22, 2022, the Consumer Financial Protection Bureau (CFPB) issued a new request for information (RFI) regarding mortgage servicing, potentially opening the door for much-needed regulatory reforms. The RFI is focused on inquiries regarding refinances and, more generally, ways to streamline short and long-term loss mitigation options. It includes 37 specific requests, allowing…