In a startling turn of events, two major players in the mortgage and real estate industry have been dealt a hefty blow with fines totaling a staggering $1.95 million. The penalties come as a result of their failure to comply with the Real Estate Settlement Procedures Act (RESPA), a federal law designed to safeguard consumers in real estate transactions. The mortgage company, known for its prominence in the market, and the real estate agency, a …
How does a mortgage company meet the statutory requirement for Anti-Money Laundering education? The question comes up because many companies do not comply with the annual education requirement for all employees. In our opinion the law and regulations on AML training is purposely not specific because the term education is defined by the outcome and not the input. More simply put if you understand the requirements of the law you are educated. To be sure …
The overlap between federal and state laws and regulations becomes very apparent once there is an examination and/or an enforcement action. With COVID dominating our work environment over the past two years, not many audits or exams were scheduled by state regulators. That is all about to change. They are way behind and will begin the process of catching up sooner than you may be ready for. In many cases where mortgage companies get caught …
Mortgage Processing Fundamentals is an on-demand, video recorded program which presents the base of knowledge needed to succeed at residential mortgage processing. The course is written and presented by a 25-year seasoned loan originator who has processed her own loans. The fundamentals are universal and can be applied to any processing position. While processors perform some or all the included functions, the course provides an overview of all the necessary responsibilities and tasks to move …
Real estate transactions are the easiest way to launder money due to the size of the transactions and the amount of money that can be “cleaned”. All financial institutions are required to comply with the Bank Secrecy Act. Money laundering may also involve tax fraud as well as other potential crimes. All “financial institutions” must comply. According to the Bank Secrecy Act, a “financial institution” includes an exhaustive list of entities, including but not limited to: …
You wouldn’t know we were in the middle of a pandemic based on the housing market. That conforming limit keeps creeping up. It all seems crazy from when I started in the mortgage business in 1994, the conforming loan limit was $225,000. Fast forward 26 years…the 2020 limit was just increased another 9.0% to $548,250 for 2021. Checkout the Loan Limit Geocoder. Now, all we need to know is…what will Fannie and Freddie be doing come …
Money laundering is a huge problem for financial institutions and monitoring compliance and reporting is a challenge. As I read through FinCEN’s recent announcement, it became clear…the law is not really clear! Because real estate transactions are large in dollars, they are one of the easiest places to “clean up the money.” If you think Anti-Money Laundering regulations are vague or too complicated, now is your chance to help clarify how current regulations may be …
My analogy to guidelines these days is they are like trying to hold jello in the palm of your hand. Squishy, slippery, moving; slipping through your fingers! Patience is a virtue! We need to understand that underwriters spend MUCH more time determining the amount of income that can be used for qualifying, how consistent it is or will be, the job status of employees, viability of employer’s business and documenting the file to meet secondary …
Why the two tier system anyway? Do consumers realize the difference? For the sake of full disclosure, my business is education. I am a mortgage educator. I write, record and instruct courses for depository and non-depository originators alike. Their job is the same! One could reasonably argue that I have an agenda; I earn my living on education. Does that make the argument for all originators to be educated any less valid? In 2007, I …
April 29, 2020 – The CFPB issued an Interpretive Rule today titled: Application of Certain Provisions in the TILA-RESPA Integrated Disclosure Rule and Regulation Z Right of Rescission Rules in Light of the COVID-19 Pandemic. The rule allows for COVID-19 to be a “financial emergency reason for borrowers to WAIVE the TRID closing waiting period and the three-day right of rescission. “The Bureau understands that the COVID-19 pandemic could pose temporary business disruptions and challenges …
Learn how to get YOUR Tripod. Free LIVE Webinar on May 5th 12:00 Noon ET! In this COVID-19 world, companies need all possible resources at their fingertips to keep businesses going and growing to recruit and provide quality professional development in a safe environment. Is consumer direct the future of mortgage origination with all the hidden pitfalls? While it may be a smart strategy for banks and credit unions to grow market share, retain servicing …
Every customer should receive a written analysis; it helps take emotion out of the equation. I do it for all my purchases and refinances. Yes, we have lots of long discussions, but hearing and seeing are two different things! The point of an analysis (particulary for refinances) is for a consumer to know the interest costs and principal reduction between a new loan and the original loan at it’s current balance. (you may need to …
Is there any good news today? I guess at least people who have filed will begin collecting some income. The mortgage world is in flux and the challenges are coming faster than we can deal with. We play a very important role as mortgage professionals by helping people make the right decisions; what’s in their best interests. This week I told three customers NOT to refinance. If you are submitting 100% of approvable files you …
A picture is worth a thousand words! Take a good look at that image; then ask yourself, how long will you wait before you really learn the business? Why do top producers have time to bring in more business? Minimum knowledge to fill out a 1003 doesn’t cut it! To assume it’s enough, indicates the lack of knowledge about the real business of residential lending. Analysis, critical thinking, mathematics, problem solving, communications and the ability …
With so much focus on AB5, California and the IRS reporting of originator income, is it possible we are missing the 10,000 lb gorilla? California is leading the country into a necessary review of worker misclassification. Recently New Jersey, New York, Illinois, Wisconsin, Oregon and Washington joined California with their version of how to address this issue of “worker misclassification.” The SAFE Act passed in Congress on July 30, 2008 mandated that all states adopt …
This is the first decade where social media found its place! While I was a bit late to the party, this year I was honored to cross paths with so many people simply because of social media; people I never would have met or had an opportunity to interact with. If cultivated, these relationship can be life-long and life-changing. Using social media to grow your business can be very effective. It can also be used …
If you followed our mini series on California’s latest law AB5, you know that independent contractor “1099” status just got tougher in CA. AB5 seriously increased the ability for state and federal governments to reclassify workers from independent contractors to “employee”(W-2) status. If this is not a topic you are familiar with, you may want to watch this 5 part mini-series. Episode 1The Dynamex Case Episode 2Dynamex Exemptions Episode 3Dynamex Penalties Episode 4Dynamex What You …
Mortgage professionals…you may think this doesn’t apply to you…and maybe it doesn’t. This purported gray area has caused many employees and companies to grapple with the rules with many debates on this topic. Until now! On October 8, 2019, the CA Supreme Court ruled that if companies have misclassified employees, the state can go back FOUR YEARS; to calculate back state and withholding taxes, state unemployment taxes, penalties and interest. Were they eligible for retirement …
In the final episode of our 4-part series (Dynamex vs. Superior Court CA), we discuss how employers are reported and steps to consider if the potential for misclassification is present. Routine state or IRS company audits may also trigger an investigation. 4 Part Mini- Series Dynamex Operations West Inc, v CA Superior Court decision Exempt workers from W-2 status Penalties for misclassified workers Proactive steps businesses should consider These educational videos are intended to provide …
In episode 3 of our 4-part series (Dynamex vs. Superior Court CA), we discuss how employers can be penalized for misclassified workers, how back taxes and payroll tax penalties are calculated and what you can do to correct your classification of employees. 4 Part Mini- Series Dynamex Operations West Inc, v CA Superior Court decision Exempt workers from W-2 status Penalties for misclassified workers Proactive steps businesses should consider These educational videos are intended to …