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Showing posts with label Mortgage Compliance. Show all posts
Showing posts with label Mortgage Compliance. Show all posts

Friday, May 15, 2015

Compliance Matters - New Broadcast


I would like to introduce you to our new weekly broadcast on Mortgage News Network. 

Today marks the very first of our series of Compliance Matters.

Each week, on Friday, members of Lenders Compliance Group will speak on timely and important regulatory compliance topics.

Mortgage News Network is quickly becoming an important opportunity to stay in touch with current events in the mortgage space. According to MNN's founder, Joel Berman, the network is meant "to offer mortgage industry firms a resource for news and information." This is the first network of its kind, devoted solely to residential mortgage lenders and originators.

You can subscribe to MNN and receive daily updates and news, plus you will learn about forthcoming broadcasts. 

We are honored that MNN has asked us to participate in its series, interviews, specials, and events. 

Today's Compliance Matters broadcast, our first, is about a subject that should be the foundation of every company's business model: building a Culture of Compliance. I have published an article on this concept, which you can download here: Creating a Culture of Compliance

So, please visit Mortgage News Network and watch our Compliance Matters broadcast. 

This is a fresh, new way to bring you information that supports your mortgage compliance needs.

Jonathan Foxx
President & Managing Director

Wednesday, February 26, 2014

Creating a Culture of Compliance

Everywhere we turn, there is compliance, compliance,
and more compliance required across the board.
[i]
Donald J. Frommeyer, CRMS
President of NAMB

The ancient Greek philosophers knew the fundamental distinction between theory and practice. For them “theory” (or theoria) differed from “practice” (or praxis) in that the former meant examining things and the latter meant doing things! In other words, theory was a sort of spectators’ sport, while practice was playing the sport itself. Advanced mathematics is somewhat similar: there is pure (or theoretical) mathematics and then there is applied mathematics. Some theories remain theories forever, and others are extrapolated into practice. So, as it happens, some cogent theories simply do not need to have applied applications to be cohesive theories. Practical applications, however, must be experimentally valid all of the time.

The requirements of implementing a theory can be daunting, especially when the consequences of its practical applications are not sufficiently understood. To put a fine point on this observation: what may seem perfectly acceptable in theory can be entirely unacceptable in practice. Thus, some things are possible theoretically and other things are not possible practically. In compliance, I have learned to approach the notion of something being ‘theoretically possible’ with extreme caution!

So, given the challenges of regulations (theories) and compliance requirements (practices), (1) how should a financial institution accomplish evaluations of its loan origination risks and, most importantly, (2) how to go about embedding such assessments into a culture of compliance? In this article, I am going to provide ways and means by which the management of a financial institution will be able to create a culture of compliance that serves as the foundation upon which to manage risk associated with mortgage loan originations. I will provide an extensive set of questions, the answers to which should call forth the ways and means to establish compliance solutions.*

If you have ten thousand regulations,
you destroy all respect for the law.

Winston Churchill

So, how to create a culture of compliance?

Begin at the beginning!

When was the last time that a risk assessment was performed to identify all the loan products, which departments were affected in originating them, and what staff are responsible to effectuate the origination? That is where to begin. Residential mortgage lenders and originators may offer some, or all, of the loan products subject to the Ability-to-Repay (ATR) and Qualified Mortgage (QM) rule promulgated by the Consumer Financial Protection Bureau (Bureau). But originating those loan products starts with identifying the loan flow process itself.

Furthermore, any new origination requirements will affect a number of parts of business systems and processes. For instance, a very short list of affected areas are the forms and processes used to communicate internally and externally that are subject to verification requirements; systems and processes used to underwrite loans must be considered; secondary marketing and servicing processes and systems need risk evaluation metrics, especially with respect to ATR provisions related to the refinancing of non-standard loans into a standard loans.

Specifically, are the various integrated processes and procedures set up to identify loans on the transaction systems with their definitional status under such regulations as the ATR and QM rule, which may involve creating new data element(s) within those very processing systems? Likewise, if the loan is a QM, is a formal consideration undertaken to determine levels of liability exposure and liability protection that a loan is receiving as it moves through the origination process?

To insure peace of mind
ignore the rules and regulations.
 
George Ade

The American humorist, George Ade, may have found a way to peace of mind by ignoring rules and regulations. Perhaps he intuitively knew something about the stress involved in originating residential mortgage loans! If you have problems with rules and regulations, I suggest you choose another line of work, for happiness will forever elude you.

Consider this: the ATR and QM rule is just one component of the Bureau’s Dodd-Frank Act Title XIV rulemakings! Here are a few other rules that are now the law of the land:

  • 2013 HOEPA Rule
  • ECOA Valuations Rule
  • TILA Higher-Priced Mortgage Loans Appraisal Rule
  • Loan Originator Rule
  • RESPA and TILA Mortgage Servicing Rules
  • TILA Higher-Priced Mortgage Loans Escrow Rule

Some of these rules are directly and indirectly intersected, interlocked, overlapped, interfaced, and cross-tabulated; they are correlated, tabularized and re-tabularized, re-ordered, enumerated and re-enumerated, re-codified, and, generally, comprehensively systematized.[ii] Each of these rules affects one or more aspects of the loan origination process, organizational structure, and risk exposure. So maybe the great American humorist was on to something!

Nevertheless, if we are going to play, we will have to play within the rules. This means not only considering the compliance implications internally but also the interaction between the financial institution and third-parties upon which the institution relies for verifications, credit and other borrower information, disclosures, underwriting software, compliance and quality-control systems and processes, records management. Notwithstanding the foregoing third-parties, also to be considered are software providers, various vendors, and business partners. Training may also be necessary for these service providers and agents!

All the starting-point reviews in the world will lead to little or no action throughout an organization where certain training needs are not being met. Therefore, from the outset, it is critical to consider what training will be necessary for loan officers, secondary marketing, processing, compliance, and quality control personnel. Any staff involved at critical junctures in the loan flow process should receive training, certainly anyone who approves, processes, or monitors credit transactions.

Monday, January 6, 2014

The Hedgehog and the Fox: A Regulatory Parable

The 7th century BCE Greek lyric poet, Archilochus, observed: "the fox knows many things, but the hedgehog knows one big thing.”[i] Twenty-two centuries later, Erasmus transliterated Archilochus’s dictum by precisely rendering it into the Latin aphorism: “multa novit vulpes, verum echinus unum magnum.”[ii] When it comes to these two ways of thinking and acting, things didn’t change much between the 7th century BCE and the 16th century CE, when Erasmus penned his elucidation.

Isaiah Berlin, the British political philosopher, whose life span stretched nearly the whole 20th century,[iii] wrote a well-known essay in 1953, inspired by Archilochus’s apothegm. It was entitled “The Hedgehog and the Fox: An Essay on Tolstoy's View of History.”[iv]

Of Berlin’s essay, Arnold Toynbee, one of the great historians of our time, wrote:

“This fragment of verse by the Greek poet Archilochus describes the central thesis of Isaiah Berlin's masterly essay on Tolstoy, in which he underlines a fundamental distinction between those people (foxes) who are fascinated by the infinite variety of things and those (hedgehogs) who relate everything to a central, all embracing system.”[v]

Since its inception, it seemed clear to me that the Consumer Financial Protection Bureau (the “Bureau”) is a hedgehog. It tends to view the world through the lens of a single defining idea: consumer financial protection. In accordance with this idea, the Bureau exercises this vision through a single, predominant, and coherent framework of regulations. As a hedgehog, the Bureau stays focused on this one foundational principle and repeatedly, unvaryingly, and rigidly seeks to implement that overriding proposition by applying the same methods and solutions, usually to the exclusion of other possible remedies.

This predilection is not simply a matter of judgment or style. Hedgehogs actually have one grand theory which they seek to extend into many domains, furthering their rule through a fervent belief in the guiding principle. They express their views with confidence; assurance; coolness; obstinacy; unrelenting drive; generally rigid adherence to an impliable mission; unwavering obedience and devotion to a regnant objective; a proclivity to roll results up into an aggregate value; and, a tendency to express themselves with such idiomatic phrases as “mission critical,” “the ends justify the means,” “by and large,” “ball-park figure,” “jack-of-all-trades,” “grand strategy,” “seeing the larger picture,” and “the system is the solution.” Usually, hedgehogs have a unique vision that gives rise to the ability to notice complex circumstances and discern the underlying patterns. In effect, their reach exceeds their grasp. Examples of hedgehogs are Plato, Dante, Proust and Nietzsche.

Residential lenders and originators (the “RMLOs”) are, as a group, foxes - they draw on a wide variety of experiences and do not believe for a second that the world can be boiled down to a single idea, evinced through an all-embracing framework, howsoever cogent it appears to be.

Foxes are skeptical about grand theories. They are constrained in their forecasts, and adaptive to actual events. They tend to be more accurate in their predictions than hedgehogs, since they are more agile in assigning probabilities to their expectations. While hedgehogs see the larger picture, thereby missing opportunities, foxes notice each and every pixel contributing to it, and thus quickly find opportunities. Because the fox is acutely aware of each part of the whole, it devises complex strategies to gain an advantage on the hedgehog. Often, it succeeds in its plans due to this advantage.

The kinds of idiomatic expressions that foxes use are “zero in on something,” “devil's in the details,” “under construction,” “mixed feelings,” “barking up the wrong tree,” “at this stage,” “first in class”, “trying something new,” and “let’s get another pair of eyes on this matter.” Foxes are centrifugal: they pursue divergent ends and usually possess a sense of reality, which keeps them from designing a logistical framework that purports to contain all possibilities. They instinctively know that complexity does not conduce to a unitary structure. Although foxes may have a broad vision and much agility in complex interactions, often their grasp exceeds their reach. Examples of foxes are Montaigne, Balzac, Goethe and Shakespeare.

Foxes pursue many ends at the same time, with much energy and cunning. They see the world in all its complexity. Hedgehogs simplify a complex world into a basic principle or concept that unifies and guides everything. Foxes tend to be scattered, diffused, and inconsistent. For hedgehogs, the world is reductive; that is, all challenges and dilemmas are reduced to simple hedgehog ideas, and anything that does not correlate to the hedgehog idea is without relevance. Hedgehogs see what is essential and ignore the rest.

Generally, the fox’s style is often deprived of rigorous models, specific goals, and global metrics. Foxes learn incrementally, over many iterations of experience. The foxy RMLO has a succinct advantage in swaying the hedgehog Bureau, because it nimbly responds to new information, constantly reconfiguring its market knowledge in reaction to changing circumstances. Such vital information leads to greater performance and the ability to provide solutions that open up new ways for the Bureau to fine tune its single overarching vision.

The Bureau has set compliance effective dates in January 2014 for many new rules that will affect RMLOs. As these rules go into effect, we enter the New Year noting a rather obvious example of the hedgehog’s vision and the fox’s hastening to fulfill it. Their relationship is bound by the unwavering path of the Bureau and the serpentine path of the RMLO. The Bureau’s grand vision presents a broad plan of action that must be implemented. In complying with the Bureau’s rules, the RMLO must bestir itself to be particularly attuned to working with the minutiae of details that are a part of the practical experience of actually originating and servicing residential mortgage loans.

In 2014, here are three questions to keep in mind about the relationship between the Bureau and the RMLO:

1) How prepared is your financial institution to comply with the Bureau’s expectations?
2) Are you ready to implement the Bureau’s complex requirements?
3) Does your company act like the visionary hedgehog or the nimble fox?

Foxes are cunning and have the advantage of knowing how reality works, poking holes in the hedgehog’s grand scheme of things, even as the many spindled hedgehog rolls into a big bulky ball. But beware of that ball! The hedgehog and the fox have learned never to underestimate each other. Although the fox is clever, swift, skilled in action, and knows many tricks, the hedgehog knows one big decisive trick: it can roll itself into a ball of sharp and painful spikes! 
______________________________________________________

President & Managing Director
Lenders Compliance Group


[i] Archilochos (c. 680–c. 645 BC) was a Greek lyric poet from the island of Paros in the Archaic period.
[ii] Adagia, ("Erasmus") Desiderius Erasmus Roterodamus (October 27, 1466-July 12, 1536), Paris, 1500, from Robert Bland, Proverbs, Chiefly Taken from the Adagia of Erasmus, with Explanations; and Further Illustrated by Corresponding Examples from the Spanish, Italian, French & English Languages, Volumes 1-2, London, 1814
[iii] Sir Isaiah Berlin, (June 6, 1909-November 5, 1997), British social and political theorist, philosopher and historian of ideas.
[iv] Berlin, Isaiah, The Hedgehog and the Fox: An Essay on Tolstoy's View of History, Weidenfeld & Nicolson, London, 1953.
[v] Idem





















Thursday, March 14, 2013

Policy, Procedures, and Examinations - Mortgage Brokers


Jonathan Foxx
President & Managing Director
Brokers Compliance Group, Inc.


Perhaps the most difficult task of the independent mortgage professional is to obtain and maintain a full set of policies and procedures. Too often, a broker’s approach to compiling adequate policy statements is reactive; that is, the demand comes about in order to meet a regulator’s expectations or in anticipation of a forthcoming examination.

Many brokers simply make it their business to always be prepared, especially in this highly regulated financial services industry. I have said many times, preparation is protection! Indeed, I have written extensively on this theme.[1] 

Nevertheless, all the policy statements in the world will not impress a regulator if that policy’s stated requirements are not really implemented. In other words, the examiner will determine if a firm’s procedures are actually being followed.

Let’s put it this way: a policy statement, without implementation, is merely pontification!

Examiners have long since past the point where they’re seriously willing to accept as viable a standardized policy from a ‘manual mill.’ In fact, some examiners keep a list of these one-size-fits-all policies, and they are keenly aware of the stratagem of using an off-the-shelf policy to satisfy a regulatory mandate.

I have a friend who is now a senior regulator with a federal agency. These days, he does not go to field examinations. However, he once told me that, when he previously conducted banking examinations, sometimes he would go from one institution to another and he found the same policies – only the company name had changed on the documents! When he saw that happening, it vexed him sorely, and he would then challenge the institution to prove that it was in fact following the guidelines specifically stated in the policy statements. Needless to say, the results were – to put it mildly – quite a bit mixed.

In this article, the first of a two-part series, I am going to provide a chart of certain core policies and procedures that a mortgage broker should obtain and continually update, as regulations change. I will also provide some useful policy implementation guidance relating to preparing for a state banking examination.[2] In part two of this series, I will address the central policies and procedures that are needed by mortgage bankers.

Before getting started, I feel constrained to offer a Caveat Emptor! (Buyer Beware!) Obtaining a boilerplate document with your company’s name on it is regressive, and it is a tactic that Examiners are now regularly criticizing in adverse findings. As I have intimated above, these days regulators are fully aware of this objectionable ‘short cut’ to compliance.

An insufficient policy statement may cause adverse examination findings.[3] Indeed, in some cases, template-driven policy and procedures may cause Examiners to escalate their regulatory review. Drafting and implementing a policy statement that conforms to the way an institution does business is a priority responsibility of management, where the purchase price of a policy and procedure should not be an operative consideration.

Policies and Procedures
Mortgage Brokers

This table[4] provides an overview of core policies and procedures needed by mortgage brokers.[5]

Regulatory Area
Mortgage Brokers
Table-Funding
Mortgage Brokers
Lending Regulations
TILA

TILA – Loan Originator Compensation
HMDA[6]
RESPA
Flood Insurance
Appraiser Independence
Mortgage Insurance

SAFE Act (NMLS)
Discrimination


ECOA
FCRA
Fair Housing Act
Fair Lending
Subprime
Advertising & Marketing


Advertising
Telemarketing
Consumer Protection


FDCPA
if a debt collector
if a debt collector
Privacy Issues
Homeownership Counseling
Anti - Money Laundering (BSA)
UDAAP (FTC)
Legal and Liability Issues


Lender Liability
Quality Control[7]
Environmental Protection
Bankruptcy
Electronic Services


EFT Act
Internet Services & Websites
State Laws Banking

Preparing for an Examination

Most state banking departments prioritize their administering of licensees on the extent to which these institutions implement their own policies and procedures. High on the list of such priorities are compliance with licensing regulations and specific mortgage acts and practices, such as the Real Estate Settlement Procedures Act (RESPA, Regulation X), Truth in Lending Act (TILA, Regulation Z, Loan Originator Compensation), Equal Credit Opportunity Act (ECOA, Regulation B), and the other alphabet soup of federal and state guidelines.

Generally, banking departments consider themselves to be consumer advocacy agencies and, as such, they approach examinations in a threefold process: (1) examining the licensee, (2) investigating allegations from consumers relating to the licensee, and (3) on-site or off-site visitations to audit a licensee’s operations or its implementation of previously identified corrective actions.

The primary means of monitoring the licensee is through examinations. Therefore, banking departments seek to evaluate the following elements:
  • Conduct a compliance review to determine implementation of relevant laws and regulations;
  • Audit and assess the integrity of the compliance management with respect to implementing state and federal consumer protection statutes and regulations; and,
  • Issue supervisory and administrative actions when compliance is defective, deficient, or actually produces significant violations of law.

Wednesday, January 9, 2013

Alan J. Cicchetti appointed to Director Positions

I am pleased to announce that Alan J. Cicchetti has joined Lenders Compliance Group. Alan is the former Deputy Commissioner of the Connecticut Banking Department.

He joins us as our Director of Agency Relations as well as the Executive Director of Brokers Compliance Group, our new mortgage compliance firm that provides compliance support to mortgage brokers. 

As Director of Agency Relations, Alan will focus on assisting clients that need guidance with respect to the expectations of government agencies. In addition to his responsibilities as Director of Agency Relations, he will also be involved in engagements that require, among other things, his expertise in SAFE and NMLS requirements.

In his role as Executive Director of Brokers Compliance Group, Alan will manage the growth of this new mortgage compliance firm devoted exclusively to mortgage brokers.

In Alan Cicchetti, Brokers Compliance Group has a competent, innovative, and highly experienced professional at its helm, an individual who understands the unique compliance needs of mortgage brokers.

I'd like to tell you about Alan. In my view, he offers our clients considerable expertise and experience, both as a former regulator as well as a skilled executive at banks and non-banks.

From 1999 until 2011, Alan was the Deputy Commissioner of the Connecticut Department of Banking. During that time, he also served as Acting Director of the Consumer Credit Division. In that role, his responsibilities included regulation, examination, licensing and enforcement activities relating to non-depository licensees, including mortgage brokers, lenders, originators, check cashers, money transmitters, debt adjusters and negotiators, consumer collection agencies and others.

He also created and introduced proposed legislative changes, including the Connecticut SAFE Act, for approval by the Commissioner and submission to the legislature for passage and enactment. He was the Co-Chair of the Regulations and Policy Committee of Connecticut's Subprime Lending Task Force, established by Governor M. Jody Rell.

Alan's background in the industry is hands-on and practical. He has held administrative positions in large bank and non-bank companies. He was an Executive Assistant in the Office of the Treasurer, where, among his numerous responsibilities, he represented the Treasurer on the Board of Directors of the Connecticut Housing Finance Authority and served as Chairman of the Mortgage Committee.

It is worth noting that Alan is active in important mortgage industry associations, and he has been a faculty member at the University of Hartford, Barney School of Business. He holds a BS from Bryant University and an MBA from the University of Connecticut.

I know that Alan will bring new insights, knowledge, and experience in connection with our mission to provide reliable mortgage compliance guidance to our clients.

Best wishes,
Jonathan Foxx
President & Managing Director

Wednesday, August 15, 2012

Brokers Compliance Group - Risk Management for Mortgage Brokers

I am pleased to announce the launch today of our new mortgage risk management support for mortgage brokers:* 
 
Brokers Compliance Group
 
For quite some time, I have believed that mortgage brokers are an under-served part of the residential mortgage loan industry. Yet, they originate traditionally the largest share of loan transactions.

In the last few years, mortgage brokers have had their integrity questioned and their professionalism pilloried. And there has been an unsettling perception that more regulation of mortgage brokers is required.

I feel that it is time for my firm to step up to the plate and provide the kind of advice and counsel that mortgage brokers must acquire, in order to remain strong and capable of forging their own destinies. Until today's launch of Brokers Compliance Group, there has been no mortgage risk management firm in the country devoted to the unique needs of mortgage brokers. Now there is!

Thus, the Directors of my firm and I have now made a commitment to provide to mortgage brokers the same reliable and supportive mortgage compliance expertise that we have provided to mortgage lenders.

The following are the Press Release and Brokers Compliance Group.

PRESS RELEASE
Press Release

NEW WEBSITE - BROKERS COMPLIANCE GROUP 
BCG-(134x134)-CC-1
_____________________________________________________
* Jonathan Foxx is the President & Managing Director of Lenders Compliance Group