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01.20.21

Compliance News: New HPML Escrow Account Exemptions

On January 19, 2021 the Consumer Financial Protection Bureau (“CFPB”) published their final rule to amend “Regulation Z, which implements the Truth in Lending Act, as mandated by section 108 of the Economic Growth, Regulatory Relief, and Consumer Protection Act….

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01.06.21

Compliance News: Texas Amends Chapters 80 and 81 of Their Administrative Code

The Texas Department of Savings and Mortgage Lending celebrated New Year’s Day by finalizing amendments to Chapters 80 and 81 (see 46 Tex. Reg. 152 – 160 [January 1, 2021]), which were originally proposed last September (see 45 Tex.…

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01.05.21

Compliance News: SSA Publishes New SSA-89 Forms

The Social Security Administration (“SSA”) recently posted revised versions of their Form SSA-89 (both in English and in Spanish) on their website (https://www.ssa.gov/forms/). These versions were anticipated, since they form a critical part of the SSA’s new Electronic Consent Based Social Security Number Verification (“eCBSV”) system (see https://compliance.docutech.com/2020/10/08/ssns-the-ecbsv-and-us/ for further details)….

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12.29.20

Compliance News: Revised Form HUD-92900-A, HUD Addendum to URLA

On December 22, 2020, HUD announced the publication of a revised Form HUD-92900-A, HUD Addendum to Uniform Residential Loan Application in Mortgagee Letter 2020-49.  The letter also announces the renewal of the following FHA Insured Mortgage Application Forms with new application dates where applicable:

    • HUD-92900-B,
  • …

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12.03.20

Compliance News: FHLMC Permanently Adopts Some POA Requirements Promulgated Due to COVID

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11.24.20

Compliance News: Revised FHA Single Family Handbook 4000.1 (2020)

On November 18, 2020 the Department of Housing and Urban Development published revisions to FHA Single Family Handbook 4000.1 (see SFH Handbook 4000.1 | HUD.gov / U.S. Department of Housing and Urban Development (HUD)). Some of these revisions include removing a restriction against an attorney-in-fact for military personnel from signing both the initial and closing copies of the loan application,…

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11.10.20

Compliance News: Pennsylvania Adjusts Base Figure Amount (2021)

The Pennsylvania Department of Banking and Securities has announced in 50 Pa.B. 6269 (Nov. 7, 2020) that they will be adjusting the “base figure” from $260,404 to $263,975 (see http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol50/50-45/1544.html). The “base figure” is defined in 41 P.S….

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11.09.20

Compliance News: Delaware Purchase Money Mortgages

DE S.B. 245 (2019) was signed into law by Gov. John Carney (D). The synopsis of the bill states the following (in relevant part):

“This Act amends the Real Estate Code to modernize the definition of purchase money mortgage under Delaware law to include lenders other than the seller of the mortgaged property who provide financing to purchase the property….

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10.20.20

Compliance News: New IRS Form 4506-C

The IRS now provides a copy of their much anticipated Form 4506-C on their website (available directly at: https://www.irs.gov/pub/irs-pdf/f4506c.pdf). The purpose of this form is succinctly promulgated by the IRS as follows:

“Form 4506-C was created to be utilized by authorized Income Verification Express Service (IVES) Participants to order Tax Transcript records electronically for a third party….

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09.29.20

Compliance News: California Department of Financial Protection and Innovation

On September 25, 2020 Gov. Gavin Newsom (D) approved CA A.B. 1864 (2020), which renames and repurposes the California Department of Business Oversight into the new California Department of Financial Protection and Innovation (see http://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=201920200AB1864). This change will take effect on January 1,…

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09.17.20

Compliance News: Hawaii and Maryland Revised Uniform Law on Notarial Acts

On September 15, 2020 Gov. David Ige (D) signed into law HI S.B. 2275 (2020), which is meant to “update the laws regarding notaries public to conform to the Revised Uniform Law on Notarial Acts (2018), the Hawaii Uniform Electronic Transactions Act,…

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08.06.20

New “State” Disclosure Matrix (3rd Generation)

Docutech is pleased to announce the publication of a draft of its new 3rd generation State Disclosure Matrix (now entitled “Disclosure” Matrix). Improvements over the previous 2nd generation State Disclosure Matrix are as follows:

  • The Disclosure Matrix is now in Excel format,
  • …

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07.28.20

Compliance News: VA Clarifies IRRRL Recoupment Calculation

On July 24, 2020 the Department of Veterans Affairs amended VA Circ. 26-19-22 for the following reasons:

“A statutory fee recoupment calculation established in Circular 26-19-22 has been successfully implemented by an overwhelming majority of lenders who correctly applied the policy and met the requirements of the Act….

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07.28.20

Compliance News: Colorado Amends Mortgage Loan Originator Regulations

On June 20, 2020 the Colorado Division of Real Estate announced that they had adopted amendments to 4 Colo. Code Regs. Pt. 725-3. The Division summarizes these changes as follows:

“. . . rules that have been updated to consider mortgage loan originators holding licenses in other jurisdictions,…

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07.22.20

Compliance Statement: Docutech and Niche Mortgage Loan Laws

All states have laws which apply to a broad variety of mortgage loans (e.g., California Residential Mortgage Lending Act, Mississippi S.A.F.E. Act, etc.), but a significant number of them also have laws which apply to a small “niche” of mortgage loan laws….

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07.08.20

Compliance News: Missouri Amends Laws Affecting Notaries

On July 6, 2020 Gov. Mike Parson (R) signed into law MO H.B. 1655 (2020), which (inter alia) repeals many of the laws currently affecting notaries under Mo. Stat. Ann. §§ 486.200 through 486.405 and replaces them with new provisions in Ibid.…

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07.07.20

Compliance News: Oregon COVID-19 Related Forbearance Disclosure

On June 30, 2020 Gov. Kate Brown (D) signed into law OR HB 4204 (2020), which “establishes temporary limitations on lenders being able to enforce default remedies on obligations secured by mortgages, trust deeds, land sale contracts or other instruments.”

Of particular interest is Subsection 1(9),…

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06.29.20

Compliance News: Revised Mississippi Law on Notarial Acts

On June 25, 2020 Gov. Tate Reeves (R) signed into law MS H.B. 1156 (2020), which enacts a “Revised Mississippi Law on Notarial Acts” and amends or repeals other provisions of Mississippi’s Code (include Miss. Code Ann. § 89-3-7) concerning notarial certificates….

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06.10.20

Compliance News: CFPB Revises TRID FAQs

Yesterday, the CFPB published revisions to their TRID FAQs (available at: https://www.consumerfinance.gov/policy-compliance/guidance/mortgage-resources/tila-respa-integrated-disclosures/tila-respa-integrated-disclosure-faqs/), which includes new FAQs on whether or not negative prepaid interest should be included in the Total of Payments disclosure on the CD (it should be included) and whether or not a creditor can require a consumer to sign and return the LE and CD (if a creditor requires a signed copy to be returned,…

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06.04.20

Compliance News: CFPB Issues LIBOR Transition FAQ, Revised CHARM Booklet, and Proposed Amendments to Regulation Z

Today, the CFPB announced the following on their website:

“The Bureau of Consumer Financial Protection is proposing to amend Regulation Z, which implements the Truth in Lending Act, generally to address the sunset of LIBOR,…

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