Mortgage Lending in 2013 A Whole New World: CFPB Re-Draws the Mortgage Regulatory Landscape

ABA Telephone Briefing Series*

The American Bankers Association announces the Mortgage Lending in 2013: A Whole New World – CFPB Re-Draws the Mortgage Regulatory Landscape Telephone Briefing Series. These two-hour programs offer an easy and economical way for your staff to receive timely information on critical mortgage regulatory issues.

2013 will be a transformational year for mortgage lending. In January, the CFPB issued six mortgage-related rulemakings with over 3,500 pages of new regulatory text, commentary and supplementary materials. Banks in the mortgage business will need to determine the challenges these very complex new rules will create for their product and service offerings, operations and compliance programs.

The six programs planned for the series will provide you with need-to-know information to assist you in assessing the impact these complex regulatory changes will have on your institution. Register today!

Program Date Audio Recordings for all 6 Programs Now Available
Per Site Fees** $255 ABA Member/Service Member • $385 Non-Member
Registration Fee per individual telephone briefing purchased
Registration Not applicable
Audio Recording Order audio recording series online (PDF)
Order audio recordings for individual briefings below.
Please note recordings are not eligible for CPE for CPA credits.
Credits Each of these recordings has been approved for 2.5 CRCM credits.
The Institute of Certified Bankers (ICB) is dedicated to promoting the highest standards of performance and ethics within the financial services industry.

Audio recordings of the 6 two-hour telephone briefings: 

Understanding Ability-to-Repay and Qualified Mortgages
Briefing Recording / Series Recordings
The Consumer Financial Protection Bureau (CFPB) officially issued the final Ability-to-Repay and Qualified Mortgage standards under the Truth in Lending Act. This final rule implements the most important mortgage reforms of the Dodd-Frank Act, and establishes, among other things, new Ability-to-Repay requirements, various new legal restrictions and strict limits on product types. The rule sets forth steep liabilities and will change underwriting practices forever. This recording of the February 12, 2013 program provides you with information on how the regulation defines a borrower’s ability to repay; understanding  the loan elements that need to be verified and considered; what is in the qualified mortgage, and what is not. Hear about: the legal protections provided under the QM’s safe harbor standard, and how they differ from the QM’s “rebuttable presumption” standard; the various categories of QMs available to lenders; the product types that may be more difficult to offer after the effective date; how the limits on points and fees will work; under what circumstances balloon loans will be permitted; and other topics.

 Speakers:
  • Mitch H. Kider, Managing Member, Weiner Brodsky KIder PC
  • Laurence E. Platt, Practice Area Leader - Financial Services, K&L Gates
  • Kristie D. Kully, Of Counsel, K&L Gates
  • Rod Alba, VP & Sr Regulatory Counsel, Office of Mortgage Finance, American Bankers Association (moderator)

 

In-depth: Parsing CFPB's New Servicing Rule
Briefing Recording / Series Recordings 
Servicing used to be an operational issue; now it is also a compliance issue. The CFPB’s servicing rule establishes a brand-new regulatory framework for your mortgage servicing. Learn how your bank will be impacted and how you may need to adjust your servicing operations. Topics in this recording of the February 19, 2013 briefing include: periodic mortgage statements; adjustable-rate mortgage disclosures; error resolution and information requests; loss mitigation; lender-placed insurance; and newly required policies and procedures. Also learn about the small servicer exemption; requirements for advancing hazard insurance premiums; requirements for early intervention and continuity of contact with delinquent borrowers; considerations for vendor and data base management; and numerous other details and requirements.

 Speakers: 
  • Donald C. Lampe, Member, Dykema Gossett PLLC
  • Jeffrey P. Naimon, Partner, BuckleySandler LLP
  • Krista Shonk, VP & Sr Regulatory Counsel, Office of Mortgage Finance, American Bankers Association (moderator)

 

HOEPA's Expanded Reach: "High-Cost Mortgages"
Briefing Recording / Series Recordings
Final rules implementing Dodd-Frank Act requirements expanding protections for “high-cost” mortgages” under the Homeownership and Equity Protection Act (HOEPA) have been issued by CFPB. These new regulations will broadly expand HOEPA’s reach and bring additional product limitations to your mortgage operations. The Bureau also finalized rules to implement certain Title XIV requirements concerning homeownership counseling, including new requirements that creditors provide lists of homeownership counselors to mortgage applicants. This recording of the February 26, 2013 briefing  examines how these rules work on a stand-alone basis, and how they relate to other compliance rules, including the Ability-to-Repay and Qualified Mortgage rules. Learn about the amended threshold calculations for “high cost” loans; gain an understanding of the new formulas for calculating the “points and fees” trigger; and learn about the new restrictions and prohibitions that apply to high cost mortgages. Panelists discuss how these rules will redefine risk and return considerations for HOEPA loans and the new requirements related to homeownership counseling, what loans they apply to, and what information consumers must receive to comply with the new provisions.
 
Speakers:
  • Jed Mayk, Partner, Hudson Cook, LLP
  • Suzanne Fay Garwood, Partner, Venable® LLP
  • Rod Alba, VP & Sr Regulatory Counsel, Office of Mortgage Finance, American Bankers Association (moderator)

 

Escrow and Balloons: What Counts as Small, Rural and Underserved
Briefing Recording / Series Recordings
New rules from the CFPB on Ability-to-Repay and Escrows provide small banks in rural and underserved areas some compliance relief. Banks under $2 billion in assets may be exempt from the escrow requirement and may also be able to make balloon loans not otherwise allowed under the Qualified Mortgage definitions but much will depend on where your bank does business, and how many mortgage loans it makes per year. During this recording of the March 5, 2013 briefing, learn about the new provisions relating to mandatory escrow accounts and the exemptions from the statute’s escrow requirement for certain transaction types. Speakers provide insight into how all the new regulations affect balloon loans and balloon transactions; how the Ability-to-Repay rule and the qualified mortgage protections affect balloon financing, and the meaning of “rural” and “underserved.” Learn how some loan terms likely will change regardless of any regulatory exemption; hear industry leaders discuss how future exemptions will be determined, and the likelihood that current exemptions might be expanded. You will also learn about what loan types might be used to substitute for some existing balloon products.

Speakers: 

  • Paul M. Freeman, CEO, Anchor D Bank, Texhoma, OK
  • Matthew S. Yoon, Partner, DLA Piper LLP
  • Joseph Pigg, VP & Sr Counsel, Mortgage Finance, American Bankers Association (moderator) 

 

Understanding Mortgage Loan Originator Compensation
Pursuant to the Dodd-Frank Act, the CFPB issued a final rule to implement changes to loan originator compensation arrangements. The rule requires banks to meet new duties of care and qualification requirements and also addresses outstanding compliance questions, including the legality of yearly bonuses and contributions to retirement accounts. This recording of the live briefing held on March 12, 2013 examines the details of this rule, and will look ahead to how these rules will affect all other mortgage lending areas going forward.
 
Speakers: 
  • Richard J. Andreano, Jr., Partner, Ballard Spahr LLP
  • Joseph T. Lynyak III, Partner, Pillsbury Winthrop Shaw Pittman LLP
  • Rod Alba, VP & Sr Regulatory Counsel, Office of Mortgage Finance, American Bankers Association (moderator) 

 

Appraisals and Higher-Risk Mortgage Loans
Briefing Recording / Series Recordings
The CFPB and federal banking agencies have issued a new regulation establishing new appraisal criteria for high-cost mortgages. In addition, the CFPB is requiring new appraisal disclosures for all closed-end mortgage transactions. Consumers will also be entitled to a free copy of the appraisal. This recording of the telephone briefing held on March 19, 2013 provides you with what you need to know to know to ensure your bank is compliant with the new appraisal requirements.

Speakers:

  • Nanci L. Weissgold, Partner, K&L Gates
  • William Garber, Director, Government and External Relations, Appraisal Institute®
  • Rod Alba, VP & Sr Regulatory Counsel, Office of Mortgage Finance, American Bankers Association (moderator)

 

Who Should Attend?

  • Chief Lending Officers
  • Operating Officers
  • Information Officers
  • Compliance Officers and Managers
  • Risk Managers and Auditors
  • Senior Bank Management


*ABA's Telephone Briefings include reference materials and telephone audio. Telephone/Streaming/Webcast Briefings include reference materials, telephone audio, and simultaneous webcast presentation (requires 56K or faster with JavaScript and cookies enabled in the browser, i.e., Microsoft Internet Explorer 4.0 or later, or Netscape 4.7X).

**Each site license (registration fee) entitles you to one connection (when there is a simultaneous webcast presentation) where an unlimited number of listeners can participate.

Any transmission, retransmission or republishing of the audio or Web portions of this briefing is strictly prohibited.

​Questions? Please contact Linda Shepard / Cari Hearn for more information.