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Showing posts with label Mortgage Call Reports. Show all posts
Showing posts with label Mortgage Call Reports. 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.


Please let us know your thoughts, questions or concerns. 

We welcome your feedback!


 Contact Us


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

Tuesday, May 3, 2011

Mortgage Call Reports–FREE Information Kit!

As a courtesy to you, we want you to have a helpful FREE Information Kit to assist in preparation for filing the Mortgage Call Report (MCR).
Filing Deadline: 1st Quarter 2011 - May 15, 2011.
See Below For FREE Information Kit! 
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 POLICIES AND PROCEDURES 
Draft and implement policies and procedures to:
(a) prepare and submit MCRs for an entity, and
(b) prepare and submit MCRs for individual MLOs.

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ACTION
1. Review NMLS requirements and forms for the MCR.
2. Prepare MCR data requirements for 1/1/11 to 3/31/11.
3. Submit the MCR by May 15, 2011.

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 TRAINING
NMLS moderated conference call and webinars:
  • Thursday, May 5, 2011 from 3:30 - 5:00 pm ET
  • Monday, May 9, 2011 from 1:30 - 3:00 pm ET
  • Tuesday, May 10, 2011 from 1:30 - 3:00 pm ET 
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     QUARTERLY FILING
    All state-licensed companies or all state-registered companies that employ licensed mortgage loan originators.
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    WHO - WHAT - WHEN - WHERE – HOW 
     Who files? All state licensed companies or companies employing state licensed mortgage loan originators.
    Entities or Individual MLOs? Some states are still not licensing via the NMLS; consequently, MLOs must submit Mortgage Call Reports if licensed in those states.
    Annual and Quarterly Reports? Many State Banking Departments have indicated that they will accept the NMLS Mortgage Call Report as satisfaction of their state specific reporting requirements.
    How do multiple state licensees file? Only one NMLS Mortgage Call Report is filed per company per quarter, including break out data for each state in which the company is licensed and/or has licensed mortgage loan originators.
    Timeframe? Information must be submitted within 45 days of the end of a calendar quarter. The information must reflect the data from that calendar quarter. 

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     MORTGAGE CALL REPORT
    Free Information Kit
    • NMLS Users Forum - Website - Sponsored by Lenders Compliance Group
    • FAQs - Mortgage Call Reports - Article - Authored by Jonathan Foxx
    • NMLS Library Section of Lenders Compliance Group
    • NMLS Mortgage Call Report Basics - NMLSR
    • Privacy Guidelines of NMLS - Synopsis - Authored by Jonathan Foxx
    • Mortgage Call Report Requirements by Jurisdiction - NMLSR
    • Practice Worksheet - Standard - May 2011 - NMLSR
    • NMLS Field Definitions - NMLSR
    • Expanded Section - Instructions - NMLSR
    • Examples: Wholesale Lender, Retail Lender, Reverses Lender, Broker
    • Suite of Services - Lenders Compliance Group 

      Wednesday, April 6, 2011

      Mortgage Call Report Workshop - NMLS Offers Training

      The NMLS will provide training for the Mortgage Call Report 

      Dates (Click to Register)

      Wednesday, April 13, 2011 from 2:00 - 3:30 pm ET
      Thursday, April 14, 2011 from 2:00 - 3:30 pm ET
      Thursday, May 5, 2011 from 1:30 - 3:00 pm ET
      Tuesday, May 10, 2011 from 1:30 - 3:00 pm ET

      NOTE: In order to register for this event, you will need to create a login ID on the CSBS website.  You cannot use your NMLS login ID.
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       Description
      NMLS is sponsoring a professionally-moderated conference call and webinar for companies that wish to learn about the NMLS Mortgage Call Report.  The webinar will provide users with an overview of the requirements and "how to" for submitting a Mortgage Call Report in NMLS.
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       What will participants learn?
      • Policies regarding who needs to submit the NMLS Mortgage Call Report and when
      • Directions on which portions of the Call Report need to be completed by different companies
      • Resources for completing the Call Report, such as field definitions
      • Overview of the XML option for uploading Call Report data into NMLS
      • How the Call Report data will be used by regulators
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       Presenters
       
      -Tim Lange, Senior Director - Policy, State Regulatory Registry LLC
      -State Mortgage Regulators, TBD

       
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       Cost

      The registration fee for this professionally-moderated workshop is $35, which entitles the registrant to one conference call dial-in and one webinar login for the audio and visual portions respectively.

      THE DIAL-IN NUMBER AND WEBINAR LINK WILL BE EMAILED TO REGISTRANTS 2 DAYS BEFORE THE WORKSHOP.
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       Visit Library

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      Nationwide Mortgage Licensing System & Registry
      Library Section

      Friday, March 25, 2011

      Mortgage Call Reports - Get Ready!

      Foxx_(2009.04.02)

      Jonathan Foxx is a former Chief Compliance Officer of two publicly traded financial institutions, and the President and Managing Director of Lenders Compliance Group, the nation’s first full-service, mortgage risk management firm in the country.



      I think you will be interested in reading my newest article.
      It is published in the March edition of the National Mortgage Professional Magazine, the publication that is considered the premier mortgage industry magazine for mortgage originators.
      This article provides FAQs for filing the NMLS Mortgage Call Report (MCR). It also provides an in depth outline and includes charts.
      MCR filing will now be required, commencing with the first calendar quarter of 2011. It is being fully activated on the Nationwide Mortgage Licensing System & Registry (NMLSR) website.  
      I am pleased to share this article now with you, our valued clients and colleagues. Our monthly compliance clients received an Advance Copy one month ago. 
      We provide expert guidance in all areas of residential mortgage compliance.
      If you are not yet a client, shouldn't you become one?
      We are the first full-service, mortgage risk management firm in the country devoted exclusively to residential mortgage compliance.
       
      Regards,
      Jonathan Foxx
      Lenders Compliance Group
      President and Managing Director

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      Excerpt
      FAQs:
      WHO-WHAT-WHEN-WHERE-HOW (BUT NOT WHY!)  
      Filing of the MCR is required by the Secure and Fair Enforcement for Mortgage Licensing Act (S.A.F.E. Act or Act) - the same Act that requires licensing and registration of Mortgage Loan Originators (MLOs)  - as codified in the following provision:
      "MORTGAGE CALL REPORTS -- Each mortgage licensee shall submit to the National Mortgage Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the Nationwide Mortgage Licensing System and Registry may require."  (My emphases)
      Read More-1

      Tuesday, February 8, 2011

      Mortgage Call Reports Commence

      The NMLS Mortgage Call Report (MCR) filing will now be required, commencing with the first calendar quarter of 2011. It will be fully activated on the NMLSR website in April. 
      The SAFE Act requires:
      "mortgage licensees to submit reports of condition to the Nationwide Mortgage Licensing System and Registry in such form and containing such information as the Nationwide Mortgage Licensing System and Registry may require." 
      Under the SAFE Act, each individual loan originator licensee must submit a mortgage call report to the Nationwide Mortgage Licensing System and Registry (NMLSR) as a condition of licensure. 
      According to the SAFE Act, a "mortgage call report" is a statement of condition of a mortgage company and its operations, including financial statements and production volumes.
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      ACTIONS
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      • Download and review NMLS requirements and forms for the Mortgage Call Report.  
        [See Library] 
      • Prepare NMLS records prior to April 2011.
      • Draft and implement policies and procedures to (a) prepare and submit MCRs for an entity, and (b) prepare and submit MCRs for individual MLOs. [Contact Us]
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      REQUIREMENTS
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      Quarterly Report
      • Filing Entities: All state-licensed companies or all state-registered companies that employ licensed mortgage loan originators.
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      Criteria
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      • Who files? All state licensed companies or companies employing state licensed mortgage loan originators.
      • Entities or Individual MLOs? Some states are still not licensing via the NMLS; consequently, MLOs must submit Mortgage Call Reports if licensed in those states.
      • Annual and Quarterly Reports? Many State Banking Departments have indicated that they will accept the NMLS Mortgage Call Report as satisfaction of their state specific reporting requirements.
      • How do multiple state licensees file? Only one NMLS Mortgage Call Report is filed per company per quarter, including break out data for each state in which the company is licensed and/or has licensed mortgage loan originators.
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      Data Submission and Fees
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      • A specific solution has not been developed but the NMLS may implement an XML format. 
      • Fees: To be determined.
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      Fannie/Freddie Seller/Servicer & Ginnie Mae Issuer
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      • Non-Servicing Fannie/Freddie Seller/Servicer and Non-Pool Ginnie Mae Issuers: All state licensed companies or companies employing state licensed MLOs must complete the NMLS Mortgage Call Report even if they have had no activity during the reporting period.
      • Companies that did not have activity during a particular quarter will be able to indicate this on the NMLS Mortgage Call Report.
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      Subsidiaries of Federal Regulated Institutions
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      • All state-licensed companies or companies employing state-licensed MLOs must complete the NMLS Mortgage Call Report. 
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      Calendar Year - Fiscal Year
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      • Information must be submitted within 45 days of the end of a calendar quarter. 
      • The information must reflect the data from that calendar quarter.
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      Visit Library
      blinking-star[18] Mortgage Call Reports – Toolbox blinking-star[20]
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      1. NMLS Mortgage Call Report Basics
      2. Mortgage Call Report Standard Section - Entities: Loan Originators
      3. Mortgage Call Report Expanded Section - Entities: Fannie Mae or Freddie Mac Seller/Servicer, or a Ginnie Mae Issuer
      4. Field Definitions - Definitions and Instructions
      5. Examples: Wholesale, Retail, Reverse Lender, and Broker
      Post Separator-2-LCG

      Thursday, July 8, 2010

      Mortgage Call Reports – Coming Soon!

      Overview

      On March 15, 2010, on behalf of the state regulatory agencies participating in the Nationwide Mortgage Licensing System and Registry (NMLSR), the State Regulatory Registry invited public comments on the proposed implementation of a NMLS Mortgage Call Report (Report), which is intended to replace and standardize annual reports required by state regulators, provide necessary information to supervise state mortgage licensees, and fulfill the requirements of the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act).

      The comment period closed on Friday, May 14, 2010. Notwithstanding that deadline, the NMLSR was accepting comments in response to the proposal as late as May 28, 2010.

      Since June 2009, a working group of state regulators have been developing the Report and accompanying policies. When implemented, the Report will institute significant obligations for large and small mortgage company licensees, requiring them to report a far more extensive set of mortgage loan activity and financial information, in a more detailed manner, and more frequently, than any state has ever required such mortgage activity and financial information to be reported by a licensee.

      The legal authority is claimed under the SAFE Act itself. State regulators use the SAFE Act for their authority to impose on licensees the information gathering requirements of a Mortgage Call Report. That is, the SAFE Act is intended to provide for the (1) registration of the loan originator employees of institutions regulated by the federal banking agencies, and (2) licensing of loan originators who are employees of state-licensed mortgage companies.

      Section 1505 of the SAFE Act (12 U.S.C. 5104) sets forth the requirements that must be met for an individual to be a state-licensed loan originator. Subsection (e) of Section 1505 of the SAFE Act (12 U.S.C. 5104(e)) states:

      "MORTGAGE CALL REPORTS -- Each mortgage licensee shall submit to the National Mortgage Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the Nationwide Mortgage Licensing System and Registry may require."

      This provision is worded broadly. The SAFE Act does not otherwise address the Mortgage Call Reports. State regulators have concluded that because the term mortgage licensee,as used only in this section of the SAFE Act, is undefined, and appears to be distinct from the term loan originator (which is actually defined in12 USCA 5102), and because the phrase "reports of condition" is a phrase drawn from banking supervision of federally insured depository institutions, the Mortgage Call Report must be a statement of condition on the company that employs licensed mortgage loan originators and its operations (including financial statements and production activity volumes reported per state).

      Many industry representatives believe that since the Mortgage Call Report provision requires each mortgage licensee to submit reports of condition to the NMLSR, and as the NMLSR is limited licensing or registering loan originators, the reference to a "mortgage licensee" in the Mortgage Call Report provision is intended to mean only licensed loan originators.

      In other words, there is no statutory basis under the SAFE Act to extend the Mortgage Call Report provision to requiring each mortgage company to submit a quarterly financial statement and a quarterly report to each state on its mortgage activity in the state. A state regulator may already have or seek authority under its state law to require licensees to submit quarterly financial statements and loan activity reports, but the authority itself does not exist under the SAFE Act.

      The upshot, from the industry's perspective, is that a Mortgage Call Report will impose significant operational and financial obstacles.
      For instance the National Association of Mortgage Brokers (NAMB) believes there are "several legal flaws" in the proposal; and, it is also concerned about the burden of such reporting on small business mortgage companies, and places an "unacceptable financial burden" on small businesses.

      If you have any questions about this NMLS requirement or would like assistance with mortgage compliance, please contact Jonathan Foxx, Managing Director or call 516-442-3456 x 100.

      Highlights

      Configuration

      • Quarterly report of condition
      • Submitted through NMLS by an entity with at least one licensed mortgage loan originator
      • Consists of two parts:

      1. Part I: Residential Mortgage Loan Activity Report, by state.

      2. Part II: Financial Condition Report for the entity

      Policies

      • Executed by the company holding more than one license type in a jurisdiction is only required to submit one NMLS Mortgage Call.
      • Report for that jurisdiction. A company licensed in multiple states will complete a separate Residential Mortgage Loan Activity Report for each state in which they are licensed.
      • Companies not licensed in a state but employing state-licensed mortgage loan originators are afforded the opportunity by the state regulator to create a record in NMLS and submit the record to the state through NMLS.
      • Companies with one or more licenses in any "Approved" status will be required to file the NMLS Mortgage Call Report on a quarterly basis.
      • Failure to submit the report within 45 days of the end of the quarter will result in a "deficiency" placed on licenses or registrations held by the company and may result in a state regulatory action. Such deficiencies will prevent license or registration renewal.
      • Mortgage Call Report financial information must be reflective of the licensee's mortgage activities. Consolidated financial information will not be acceptable. Financial information should be reported on a Year-To-Date (YTD) basis.
      • Companies that, under state laws or regulations, are required to submit a self-prepared financial statement on an annual basis as part of maintaining a license or registration may use the Mortgage Call Report to meet this requirement.
      • Companies that are required to submit a Compiled, Reviewed or Audited financial statement must complete and submit such financial statements through NMLS in addition to the Mortgage Call Report.
      • Companies must submit quarterly residential mortgage loan activity data that reflects the company's operations within a state for each state in which they are licensed or registered through NMLS. All mortgage origination activity of their licensed mortgage loan originators must be included on the Mortgage Call Report. Activity is to be reported on a Year-To-Date (YTD) basis.
      • All company filings are confidential and will not be made public by NMLS, but will be available to state mortgage regulators under the system's information sharing architecture.
      • State, regional and national aggregated data is considered public information and may be made available by NMLS or state regulators.
      • The Mortgage Call Report is a "uniform form" that will be used by all companies, regardless of a company's organizational structure and activities. Companies will only be required to complete sections and questions that are relevant to the company's activities and/or authorities

      Visit Library for Issuance

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      NMLS Mortgage Call Report - Request for Public Comments
      March 15, 2010