12/01/2024
Where does the CFPB’s authority come in when they determine something is “Abusive”?
11/24/2024
Our marketing department brought up the idea of handing out $50 coupons to our customers to entice them to refer folks to get a mortgage loan with the bank. The idea is that if a customer refers someone for a mortgage loan and it closes, the customer can redeem the $50 coupon for cash. I reviewed 1026.36 but it only seems to cover MLO compensation. RESPA's 1024.14(b) seems most applicable but i'm not sure if that just pertains to the parties involved in the transaction. This would be a referral for our customer who told someone to get a mortgage with us.
Are there any regulations on a $50 referral ‘bonus/compensation’ to our customer for referring someone to one of our MLO’s to close a mortgage? It seems similar to what the big banks do with something like a $200 bonus to open an account with them.
10/27/2024
We have a credit card product that has an introductory “fixed” rate that changes after 12 months to a variable rate APR. Management wants to really promote that fixed rate period, but I don’t think we can use the word “fixed”, can we?
09/29/2024
We have a new employee who was registered as an MLO at another financial institution. Upon updating their NMLS registration for our employment, we learned their fingerprints are over 3 years old. Can they still originate loans with us?
09/15/2024
Does UDAAP apply to just consumers, or all customers?
09/15/2024
Can I advertise "FREE APPRAISAL" on a mortgage postcard, but indicate in small print (client must pay the appraisal upfront, reimbursement will apply once the loan has closed), to that statement OR "FREE CREDIT REPORT," one or the other?
08/11/2024
A customer just received her initial ARM adjustment rate notice, and is kind of flipping out. She thought she was paying a lot more toward principal, and with the rate now adjusting up, she is even more dismayed to see how much will be going to interest. Do we HAVE to break down the principal and interest amounts on her ARM notice, or may we just say the total projected amount?
08/04/2024
We are doing a change in terms to modify a consumer’s ARM loan. We are reducing the margin to make up for a higher index rate when the rate adjustment hits, and are resetting the adjustment period from 5 years to 3 years. The customer is benefiting from this change (the rate will actually go down just a touch), and they are signing a CIT agreement. Is this OK to do with just a CIT agreement?
07/28/2024
Can a fixed interest rate be increased with only a modification agreement? Or is a new note with new disclosures required since the rate is not being reduced?
07/21/2024
We have a HELOC that has matured, and the customer is having trouble repaying. Can we do a workout agreement on it (reduce the variable rate interest to thereby reduce the payment and give them a breather)?