Written by Michael Coleman, Regulatory Compliance Counsel
The CFPB recently issued a proposed
rule concerning loan originator compensation. The Federal Reserve finalized
a rule (which was proposed prior to Dodd-Frank) on September 24, 2010, concerning loan originator
compensation. The CFPB’s proposed rule would implement additional
provisions required by Dodd-Frank.
The CFPB issued a press
release which gives an overview of the proposed rule. The CFPB also issued
a 6 page summary
of the proposed rule which discusses some of the major elements contained in
the proposed rule. Here are several important requirements from the CFPB's
proposed rule we would like to draw your attention to:
These
are the broad strokes of the proposed rule, we will focus on one or two of the
specific requirements in more detail in a future blog post. Note, the comment
period for this proposed rule ends on October 16, 2012.
The CFPB recently issued a proposed
rule concerning loan originator compensation. The Federal Reserve finalized
a rule (which was proposed prior to Dodd-Frank) on September 24, 2010, concerning loan originator
compensation. The CFPB’s proposed rule would implement additional
provisions required by Dodd-Frank.
The CFPB issued a press
release which gives an overview of the proposed rule. The CFPB also issued
a 6 page summary
of the proposed rule which discusses some of the major elements contained in
the proposed rule. Here are several important requirements from the CFPB's
proposed rule we would like to draw your attention to:
- Restriction on upfront points or fees. Under the proposed rule,
the creditor or mortgage broker would be prohibited from imposing upfront
points or fees on a consumer in a closed-end mortgage transaction “unless the
creditor makes available to the consumer a comparable, alternative loan that
does not include discount points and origination points or fees, unless the
consumer is unlikely to qualify for such a loan.” See proposed Section
1026.36(d)(2)(ii)(A).
- Restrictions on loan originator
compensation. The proposed rule retains the general ban on paying or receiving
commissions or other loan originator compensation based on the terms of the
transaction (other than loan amount), and the general ban on loan originators
being compensated by both consumers and other parties, with some additional
revisions. The proposed rule also clarifies and revises restrictions on pooled
compensation, profit-sharing, and bonus plans for loan originators, depending
on the potential incentives to steer consumers to different transaction terms.
- Qualification requirements for loan
originators. For loan originators who are not already required to be licensed
under the SAFE Act (for example loan originators employed by credit unions, who
are only registered pursuant to 12
CFR § 1007.103) the proposed rule requires the employer ensure that the
loan originator meets character, fitness, and criminal background check
standards that are equivalent to SAFE Act requirements and receives training
commensurate with the loan originator’s duties. (Note, we will talk about this
in more detail in a future blog post.)
- Use of the loan originator’s unique
identifier. The CFPB proposes that the loan originator include their
Nationwide Mortgage Licensing System and Registry (NMLSR) ID on certain loan
documents, including: the credit application; the GFE and settlement statement
required by RESPA; disclosures required by section 128 of the Truth in Lending
Act (15 U.S.C. 1638); the note or loan contract; and the security instrument.
- Anti-steering rules. The
proposed rule retains the anti-steering rules from the Federal Reserve’s final
rule and adds a requirement that where two or more loans have the same dollar
amount of discount points and origination points or fees, the creditor must
present the loan with the lowest interest rate and lowest total dollar amount
of discount points and origination points and fees.
- Arbitration agreements. The
proposed rule would ban general agreements requiring consumers to submit any
disputes that may arise to mandatory arbitration rather than filing suit in
court.
- Credit insurance. The
proposed rule would generally ban the financing of premiums for credit
insurance.
These
are the broad strokes of the proposed rule, we will focus on one or two of the
specific requirements in more detail in a future blog post. Note, the comment
period for this proposed rule ends on October 16, 2012.
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