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Showing posts with label AARMR. Show all posts
Showing posts with label AARMR. Show all posts

Wednesday, August 16, 2017

Mortgage Regulators Conference – A Synopsis

Director/Agency Relations
Lenders Compliance Group

Recently, I attended the annual meeting of the American Association of Mortgage Regulators Association (AARMR), held in San Antonio, Texas, on August 1, 2017.

The meeting is an important event in the calendar of state and federal banking regulators, as it is largely devoted to regulatory compliance involving banks and nonbanks.

As the former Deputy Commissioner of the Connecticut Banking Department, I have attended these conferences for many years. Of course, as our Director of Agency Relations, I take a particular interest in this event because it enhances my understanding of key issues that may be facing the mortgage banking community in general and our clients in particular.

I would like to share some of the “take-aways” that I have surmised from this valuable AARMR regulatory conference. 

To be sure, I think that it will be helpful to understand the mission statement of AARMR, which is:

“To promote the exchange of information and education of licensing, supervision and regulation of the residential mortgage industry, ensure the ability to provide effective supervision for a safe and sound industry meeting the needs of the local financial markets and protect the rights of consumers.”

This conference provides an opportunity for regulators and industry to discuss current issues and to come away with a better understanding of regulatory concerns as well as those of the industry. It is worth noting that the meeting attendees include not only regulators from most of the states but also legal and regulatory compliance folks as well as a variety of mortgage lenders and mortgage brokers of all sizes.

One of the most compelling and interesting presentations had to do with the industry’s need for clarity and consistency in mortgage supervision and enforcement.

I am offering the following synopsis with the hope that you may obtain a better understanding of some of these mortgage industry concerns, as presented by certain panel discussions relating to challenges in the areas of licensing, advertising, reporting, disclosures, “desk drawer” policies, and the need for collaboration in producing a standard cybersecurity policy.


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Some of the challenges and opportunities presented by the industry are summarized below.

Friday, January 13, 2012

CFPB: Nonbank Supervision Program

On January 5, 2012, the Consumer Financial Protection Bureau (CFPB) launched its nonbank supervision program.
This program has the goal of implementing supervisory audits and reviews of nonbanks, such as mortgage loan originators, lenders, mortgage bankers, mortgage brokers, servicers, and loan modification or foreclosure relief services (including also payday lenders and private education lenders).
This nonbank supervision program is in many ways an extension of the development of CFPB's bank supervision program that began last July.
We have issued several newsletters about certain aspects of the bank and nonbank supervision programs and I have written several articles about the CFPB.
Six days after the CFPB launched its nonbank supervision program, on January 11, 2012 the CFPB began its very first investigation of a nonbank mortgagee, PHH Corp. of Mount Laurel, NJ. The allegations against PHH Corp. involve violation of RESPA, with respect to the prohibitions against kickbacks. Although there is no mention of the PHH Corp. investigation on the CFPB website, nor is there a press release from the CFPB, we know of the investigation because PHH Corp. filed notice about it with the Securities and Exchange Commission.
Our firm is committed to providing comprehensive audit and due diligence reviews in preparation for the CFPB's nonbank and bank Supervision and Examination Manual (Manual), a basic tool in the CFPB's supervision programs.
Our audit and examination group provides an independent and thorough due diligence review of the CFPB examination requirements, offering corrective actions for enforcement.
I would urge you to contact us and find out about preparing for a CFPB examination.
In this newsletter, I would like to give you a brief overview of the CFPB's nonbank supervision program.

Jonathan Foxx
President & Managing Director
Lenders Compliance Group

In This Newsletter-1
  • Scope of the Nonbank Supervision Program
  • Supervision Process
  • Supervision and Examination Manual
  • Examinations
  • Staffing and Training
  • State Coordination
  • Future Plans
  • Library
By the term "nonbank," the CFPB refers to a financial institution that is not a depository, but offers or provides consumer financial products or services. The nonbank does not have a bank, thrift, or credit union charter.
Nonbanks include, but are not limited to, mortgage lenders (i.e., mortgage bankers), mortgage servicers, loan modification or foreclosure relief services, payday lenders, consumer reporting agencies (CRAs), mortgage loan originators, debt collectors, money services companies, lenders (i.e., creditors), mortgage brokers, and private education lenders.
The CFPB also has authority to supervise any nonbank that it determines is posing a risk to consumers.
Under the law, the CFPB has the authority to oversee nonbanks, regardless of size, in certain specific markets.
The CFPB can also supervise the larger players, or "larger participants."
Please read our newsletter on the "larger participant" supervision.
Similar to the bank supervision program, the CFPB's nonbank supervision program is designed to ensure that nonbanks comply with federal consumer financial laws. It assesses risk to consumers arising from these businesses.
The nonbank supervision program includes conducting individual examinations, while also requiring reports from companies that determine where companies need to put greater focus.