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#2107885 - 11/18/16 01:52 PM Mortgage Loan Purchase Due Diligence
ComplyEase Offline
Junior Member
Joined: Oct 2015
Posts: 44

When a bank purchase a loan, does the purchasing bank accept all of the compliance violations made during the application, closing, funding and servicing that preceded the purchase? The home loan portfolio consist mainly of primary residence home loans that were originated in 2016; therefore, it may be reasonable to assume that many of the loans have not been part of a regulatory examination. The originating bank reports that the loans are qualified mortgages and TRID applicable. The originating bank is also a small creditor.

Is there a worksheet/checklist I can use to conduct the due diligence? If not, please provide guidance of what I need to include in my due diligence review.

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#2107906 - 11/18/16 03:13 PM Re: Mortgage Loan Purchase Due Diligence ComplyEase
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 85,442
Galveston, TX
You will be pretty much liable for everything as an assignee:

https://www.law.cornell.edu/uscode/text/15/1641#
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#2108044 - 11/18/16 10:49 PM Re: Mortgage Loan Purchase Due Diligence ComplyEase
JC (Darth HMDA) Offline
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JC (Darth HMDA)
Joined: Dec 2013
Posts: 1,401
CA
As Randy said, if you buy it you're on the hook. You're looking at full RE reviews. BCC has some tools, but I would do a full review of the files prior to purchasing.

http://www.bankerscompliance.com/compliance-resources/free-downloads.htm
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#2108050 - 11/18/16 11:42 PM Re: Mortgage Loan Purchase Due Diligence ComplyEase
Rocky P Offline
Power Poster
Joined: Jun 2003
Posts: 7,819
Florida
Once reviewed a consumer portfolio for a bank being considered to purchase. Things were so disorganized and incorrect, indicated that the purchase would be a huge liability. Although the purchase price was good, management turned it down for reputational and liability issues.
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#2152435 - 11/06/17 09:39 PM Re: Mortgage Loan Purchase Due Diligence ComplyEase
dd Offline
New Poster
Joined: May 2017
Posts: 7
I have been unable to find a compliance due diligence check list for purchasing consumer and non-consumer loans. If anyone has one and is willing to share it, it would be most appreciated it.

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#2152451 - 11/06/17 10:40 PM Re: Mortgage Loan Purchase Due Diligence ComplyEase
JC (Darth HMDA) Offline
Diamond Poster
JC (Darth HMDA)
Joined: Dec 2013
Posts: 1,401
CA
I would go through your standard compliance checklists for that type of loan and include note reviews, etc. - for the underwriting side I would pass that aspect along to your credit team.
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The opinions expressed are mine, do not represent the opinions of my employer, and they are not to be taken as legal advice.

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