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WHITE PAPER ! Integrated Disclosures: What Lenders Need To Know About Upcoming TILA-RESPA Changes ! ! A new requirement resulting from the Dodd-Frank Act combines four lending disclosures into two and helps consumers better understand mortgage costs and risks. Are you ready for the rollout? ! ! ! ! ! March 16, 2015 ABSTRACT: On August 1, 2015, the Consumer Financial Protection Bureau begins enforcing new rules relating to the disclosures consumers receive when applying for – and closing on – mortgage loans. The new integrated disclosures replace existing forms established under the Truth in Lending Act and the Real Estate Settlement Procedures Act. Four currently used disclosures are consolidated into two forms: a Loan Estimate intended to help loan applicants understand a mortgage’s terms, payments, and closing costs, and a Closing Disclosure aimed at helping consumers determine the total costs associated with a mortgage. The Bureau has indicated that the implementation deadline is firm, and financial institutions face steep penalties for failing to comply with the new regulations.! ! The Great Recession exposed consumer lending regulations that were both outdated and inconsistent. Introduction! In the late 2000s, the United States faced its most severe economic crisis in generations, launching the country into an uncertain period that economists, analysts, and reporters labeled the “Great Recession” (Rampell, 2009). The recession cost the nation nearly 9 million jobs and took hundreds of billions of dollars out of the economy. While the downturn that began in 2007 officially ended in 2009, the Great Recession will have a lasting impact on the nation’s financial institutions. The crisis was, most experts contend, caused in large part by careless government oversight of mortgage lenders (U.S. Department of the Treasury [DOT], 2013).! ! In the years leading up to the recession, the country experienced an unprecedented housing boom. Financial institutions had aggressively grown their loan portfolios by relaxing lending standards and approving high-risk mortgages. The easy availability of mortgages drove housing prices upward to unsustainable levels, and lenders used artificially inflated equity amounts to justify approving subprime loans. Before long, over-extended borrowers began defaulting on their mortgages, and financial institutions began to fail. More than 700 U.S. banks required government financial assistance in order to remain solvent, including many once-solid institutions with household names (DOT, 2013).! ! The Great Recession exposed consumer lending regulations that were both outdated and inconsistent. Mortgage lenders, often operating with scarce oversight, were able to hide extra fees and deceptive payment terms among their documents’ fine print. Unsuspecting consumers Integrated Disclosures: What Lenders Need To Know About Upcoming TILA-RESPA Changes! 1 could not easily determine the actual costs associated with their mortgages; therefore, many people had little way of knowing whether or not they could afford to repay their loans.! ! As the economic crisis lingered, many Americans began losing faith in their country’s financial system. The federal government responded by creating programs aimed at shoring up bank financial sheets, keeping homeowners in their houses, and strengthening the overall housing market (DOT, 2013). Now, in the recession’s wake, a growing body of regulations is empowering borrowers to reach informed financial decisions by making mortgage details easier to find and understand. With that goal in mind, a new law goes into effect later this year and revises the ways mortgage lenders disclose their loan terms.! New disclosure requirements call for clear language and easy-to-find information about interest rates, monthly payments, and closing costs. ! The Dodd-Frank Act! For several decades, various federal statutes have obligated mortgage lenders to provide potential borrowers with detailed disclosures about their home loans. The Truth in Lending Act (TILA), for example, requires lenders to disclose information about a mortgage’s conditions, fees, and risks. The Real Estate Settlement Procedures Act of 1974 (RESPA) requires lenders to provide consumers with good faith estimates of closing costs, interest rates, and other expenses. Although TILA and RESPA are separate laws, there is considerable overlap – and often inconsistency – in their disclosure requirements (Consumer Financial Protection Bureau [CFPB], 2014).! ! After the American public’s confidence in the country’s financial institutions was shaken during the Great Recession, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010. With an emphasis on creating transparency in the financial services industry, the bill contains provisions aimed at protecting borrowers from abuses by banks and other lending institutions (Dodd-Frank Wall Street Reform and Consumer Protection Act [DoddFrank], 2010). Toward that end, Dodd-Frank revised the guidelines that lenders must follow when disclosing mortgage loan specifics to consumers.! ! A key mandate contained in Dodd-Frank was the establishment of an independent bureau to regulate the ways in which institutions offer consumer financial products and services. Among its assigned duties, the Consumer Financial Protection Bureau is charged with simplifying and integrating the mortgage loan disclosures of TILA and Integrated Disclosures: What Lenders Need To Know About Upcoming TILA-RESPA Changes! 2 Integrated disclosures must be provided on applicable transactions for which Lenders receive applications on or after August 1, 2015. RESPA (CFPB, 2014).! ! After considerable research – and ample time allowed for public comment – the CFPB is finally ready to launch its new integrated disclosure rules. The Bureau’s so-called “Know Before You Owe” disclosures are designed to help borrowers understand the terms and costs of a lender’s mortgage package, while making it easier for consumers to compare competing loan offers (PwC, 2014).! ! The CFPB’s new disclosure rules apply to most closedend consumer mortgages that are secured by real estate, including construction-only loans and loans secured by vacant land. However, some loan categories are excluded from the rules, such as home equity lines of credit, reverse mortgages, or mortgages secured by mobile homes or other dwellings not attached to land (CFPB, 2014). And lenders who issue five or fewer mortgages a year are exempt from compliance. But the dispensations appear to be temporary: the CFPB has hinted that it plans to address integrated disclosures for other mortgage types in separate rulings (PwC, 2014).! ! Creditors must begin providing integrated disclosures on applicable transactions for which they receive applications on or after August 1, 2015 (CFPB, 2014). Early implementation is prohibited, so lenders must continue using their existing disclosures until August.! ! With the starting date looming, it’s imperative that mortgage lenders understand how to fully comply with the new integrated disclosure requirements.! ! Two New Forms! The new TILA-RESPA rule consolidates four existing forms into two, integrating overlapping information from existing disclosures while adding new information. Consumers will receive the disclosures at separate points in the mortgage origination process (CFPB, 2014). Unlike the forms they replace, the simpler disclosures will contain only details meaningful to a borrower’s specific loan, with the most important information listed on the first page (Stewart, 2014).! ! Intended to help ensure that loan applicants understand the mortgage’s terms, payments, and closing costs, the Loan Estimate replaces the Good Faith Estimate and the initial Truth-In-Lending disclosure. Lenders have just three business days after receiving a consumer’s loan application – and seven business days before loan consummation – to deliver or mail the Loan Estimate form (CFPB, 2014).! ! The Loan Estimate contains good-faith details of all costs Integrated Disclosures: What Lenders Need To Know About Upcoming TILA-RESPA Changes! 3 The so-called “Know Before You Owe” disclosures are meant to help borrowers understand the terms of their mortgages, while making it easier to compare competing loan offers. associated with the loan, along with interest rate and monthly payment tables (CFPB, 2014). While some tolerances exist, costs listed on the Loan Estimate are generally considered to be made in good faith if they are equal to or less than the costs ultimately imposed. All estimated figures must be designated accordingly.! ! While much of the information required on the Loan Estimate can be found on current disclosures, the new form contains significant additions. For example, whereas the Truth-In-Lending form discloses the existence of any prepayment penalty fees, the Loan Estimate must specify what constitutes a prepayment, as well as the maximum prepayment penalty amount. The form must also disclose the total interest amount the borrower will pay over the life of the loan, and reflect any installment payment amount changes that could result from interest-rate adjustments, balloon payments, or termination of mortgage insurance (PwC, 2014). The terms and estimated costs included within the three-page document should make it easier for mortgage loan consumers to comparison shop (CSi, 2015).! ! The Closing Disclosure is meant to aid consumers in understanding all actual costs related to the mortgage – information that is currently provided on the HUD-1 settlement statement and final Truth-In-Lending disclosures (CFPB, 2014). Consumers must receive the Closing Disclosure at least three business days prior to the loan’s consummation.! ! When a Closing Document is mailed to the borrower, the “mailbox rule” applies to the three-day notice requirement. It’s assumed that a borrower will receive the Closing Document three days after the lender places it in the mail. For that reason, to ensure borrowers receive the form a full three days prior to consummation, lenders must mail it a week ahead of time (Horn, 2015).! ! The five-page Closing Disclosure breaks down closing costs into those paid at closing and before closing. Lenders must make certain that actual costs passed onto consumers fall within the acceptable tolerances of the good-faith amounts listed on the Loan Estimate (PwC, 2014).! ! Changes to mortgage terms that make the Closing Disclosure inaccurate could extend the waiting period between disclosure receipt and loan closing. For example, significant changes to a loan’s interest rate, or the addition of a prepayment penalty, both require a revised Closing Disclosure, thereby restarting the three-day waiting period (PwC, 2014).! Integrated Disclosures: What Lenders Need To Know About Upcoming TILA-RESPA Changes! 4 Lenders must also notify borrowers prior to closing active escrow accounts and when transferring mortgage servicing rights. ! Both the Loan Estimate and Closing Disclosure must contain clearly written, easy-to-locate information that consumers can use for comparing competing loan offers, as well as for determining their ability to afford the mortgage (CFPB, 2014). To encourage consumer involvement, the Loan Estimate’s first page must include the statement, “‘Save this Loan Estimate to compare with your Closing Disclosure,” along with a website link where applicants can locate additional information online.! ! TILA-RESPA allows for mortgage brokers and settlement agents to provide the Loan Estimate and Closing Disclosure, in lieu of the lender. However, whether the broker or lender provides the disclosures, the lender is ultimately responsible for each document’s accuracy (Horn, 2015).! ! CFPB designed both new forms with the goal of improving consumers’ ability to find and understand the information listed. That’s why the Bureau established mandatory standards for such elements as font sizes, shading, underscoring, and dollar amount rounding and truncating (CSi, 2015).! ! Other Considerations! In addition to revising their upfront disclosure forms, lenders have new obligations after mortgage loans are closed. For example, borrowers must be notified prior to the closing of active escrow accounts established for closed-end mortgages secured by real estate. Prior notice of at least three business days must be given when the account is closed at the consumer’s request, or 30 days if closed for any other reason. Notification exceptions include escrow accounts tied to reverse mortgages and those established because of payment delinquency or loan default (CFPB, 2014).! ! Lenders must also notify consumers when transferring mortgage servicing rights, and disclose how partial payments are handled and applied. ! ! It bears repeating that the TILA-RESPA changes do not apply to all mortgages, including home equity loans and reverse mortgages. The Bureau’s indication that it will update disclosure guidelines for those and other loan types in future rulings signals a drawn-out compliance implementation process. In the meantime, requiring lenders to use current disclosure forms for loans unaffected by the TILA-RESPA revisions makes complying with disclosure rules even more complicated for financial institutions (Horn, 2015). ! Integrated Disclosures: What Lenders Need To Know About Upcoming TILA-RESPA Changes! 5 ! Pending Deadline! With nearly two years to prepare, the implementation deadline should not come as a surprise to financial institutions. Legislators and mortgage industry trade groups have been urging CFPB to delay implementing the TILA-RESPA changes beyond the August 1, 2015 deadline. After all, complying with the new regulations requires upgrading technology and internal procedures, and could prove especially time-consuming for community banks and credit unions (Swinderman, 2015).! ! Complicating the daunting task of implementation is the sheer length and complexity of the regulation. In its full version, the rule is nearly 1,888 pages and includes lengthy discussions and examples. Considerable time is required just to read and understand the complex regulatory text (Horn, 2015). One group, the American Land Title Association, has asked the CFPB to at least consider a fivemonth restrained enforcement period (Swinderman, 2015).! ! But having given lenders twenty-one months to prepare for the new disclosures, the CFPB has expressed unwillingness to prolong the implementation timeframe. At a hearing on the matter, CFPB Director Richard Cordray told the House Committee on Financial Services that finance companies were given plenty of time to prepare for integrated disclosures. The pending deadline, said Cordray, should not be a surprise to anyone (Swinderman, 2015).! ! To further prove that point, rather than offering leniency in the form of implementation extensions, the Bureau has described significant penalties for noncompliance (Fogarty, 2014). Mortgage lenders violating the new disclosure requirements face steep financial penalties ranging from $5,000 to $1,000,000 – per day – determined by the institution’s intent or recklessness. Other risks include cease and desist orders and civil lawsuits from borrowers.! ! With the Bureau clearly comfortable with the amount of time it allowed for mortgage lenders to implement integrated disclosures, financial institutions had better be ready for the August rollout (Horn, 2015).! ! Conclusion! The Great Recession’s mortgage crisis shattered the American public’s confidence in their financial institutions. Citing outdated rules and lax oversight of lenders, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in an effort to increase transparency among the financial services industry. Included in its provisions, Integrated Disclosures: What Lenders Need To Know About Upcoming TILA-RESPA Changes! 6 Dodd-Frank paved the way for new rules regulating how lenders disclose mortgage loan information to consumers.! ! Established under Dodd-Frank, the Consumer Financial Protection Bureau was charged with simplifying the mortgage loan disclosures provided to applicants prior to loan consummation. The resulting integrated disclosure forms, the Loan Estimate and Closing Disclosure, are intended to provide consumers with uncomplicated language and easy-to-find information.! ! Mortgage lenders must begin providing integrated disclosures August 1, 2015, a deadline that by all indications is firm. Financial institutions face costly fines for failure to comply with the new disclosure requirements.! ! ! This white paper is intended to provide a general overview of the rules only. Lenders should consult their legal counsel to fully understand their TILA-RESPA obligations. ! ! ! ! ! Integrated Disclosures: What Lenders Need To Know About Upcoming TILA-RESPA Changes! 7 ! REFERENCES! Consumer Financial Protection Bureau. (2014, September). TILA-RESPA Integrated Disclosure Rule – Small Entity Compliance Guide. Retrieved from http:// files.consumerfinance.gov/f/201409_cfpb_tila-respaintegrated-disclosure-rule_compliance-guide.pdf! CSi. (2015, February 19). TILA-RESPA integrated disclosures FAQS. Retrieved from http:// www.compliancesystems.com/tila-respa-integrateddisclosure-faq/ ! Dodd-Frank Wall Street Reform and Consumer Protection Act, H.R. 4173, 111th Cong. (2010).! Fogarty, M. (2014, August 13). Time to get serious about RESPA/TILA compliance. Retrieved from http:// www.nationalmortgagenews.com/blogs/hearing/time-toget-serious-about-respatila-compliance-1042359-1.html! Horn, R. (2015, January 7). The TILA-RESPA integrated disclosures: The beginner’s guide to implementation. Mortgage Compliance. Retrieved from http:// www.mortgagecompliancemagazine.com/featured/tilarespa-integrated-disclosures-beginners-guideimplementation/ ! PwC. (2014, March). CFPB mortgage disclosure rules: An analysis of the Consumer Financial Protection Bureau’s “Know Before You Owe” disclosure forms. Retrieved from http://www.pwc.com/en_US/us/consumer-finance/ publications/assets/pwc-cfpb-mortgage-disclosurerules.pdf! Rampell, C. (2009, March 11). ‘Great Recession’: A brief etymology. The New York Times. Retrieved from http:// economix.blogs.nytimes.com/2009/03/11/greatrecession-a-brief-etymology/ ! Stewart, K. (2014, December). Preparing for TILA-RESPA changes. Retrieved from http://www.wolterskluwerfs.com/ tila-respa/article-12152014.aspx! Swinderman, A. (2015, March 9). CFPB director to real estate industry: Take August TILA-RESPA rule effective date seriously. Retrieved from http://www.inman.com/ 2015/03/09/cfpb-director-to-real-estate-industry-takeaugust-tila-respa-rule-effective-date-seriously/! U.S. Department of the Treasury. (2013, September). The financial crisis five years later: Response, reform, and progress. Retrieved from http://www.treasury.gov/ connect/blog/documents/financialcrisis5yr_vfinal.pdf! ! Integrated Disclosures: What Lenders Need To Know About Upcoming TILA-RESPA Changes! 8 ! ! ! ! ! ! ! Owned and operated by a full-service mortgage banker, Origin8 offers expertise in every area of mortgage lending – from marketing to underwriting, and from servicing to training. Our team consists of professionals with considerable mortgage experience, and we share the benefits of that knowledge with our clients.! ! ! ! ! ! ! ! ! ! ! ! ! ! Correspondent Lending Division of:! © Copyright 2015. Northern Ohio Investment Co.! All Rights Reserved. Integrated Disclosures: What Lenders Need To Know About Upcoming TILA-RESPA Changes! 9