Reg Z Servicing Rules

Presented by: Mary Beth Guard and Jack Holzknecht



On January 17, 2013, the Consumer Financial Protection Bureau announced new mortgage servicing-related amendments to Regulation Z to implement Dodd-Frank requirements for periodic statements on certain mortgage loans, handling partial payments, responding to requests for payoff amounts and providing notices on adjustable rate mortgage loans. Simultaneously, different servicing-related amendments were made to Regulation X. This webinar focuses exclusively on the Reg Z servicing changes.

The rulemaking document is lengthy and complex. We break it all down into manageable components, helping you comprehend the big picture and all the small details.

The first task is to determine which loans are covered and if you will be affected. Some servicers will be able to avail themselves of the small servicer exemption, but it only applies to some of the new requirements, not to all of them, and there are strict criteria that must be met to qualify for the exemption.

The requirement for periodic billing statements represents a substantial change from what mortgage servicers have supplied to borrowers in the past. The nature and scope of information to be included will require lots of prep time before the deadline to get it all right. While there is a coupon book exception to the billing statement requirement, you will learn it is extremely limited in applicability, so the likelihood you are producing a compliant coupon book is low. If you fall within this rule's special small servicer exemption, however, you will escape the periodic billing statement mandate.

Whether you are making ARM loans now, or simply anticipate that you might in the future as an alternative to balloon loans, the ARM loan notice requirements will be of interest. One notice is going away, but two notices, with new timing requirements, remain, along with model and sample forms for your use.

Servicers of all sizes will have new obligations when it comes to disclosing if partial payments will be accepted and, if so, how they will be credited. Plus, there are specific new obligations for responding to written requests for payoff balance information.

In this program we will cover:

• What loans are covered by the new servicing requirements
• The small servicer exemption - who qualifies and when it applies
• Content, timing and format requirements for the new periodic billing statement
• The coupon book alternative to the periodic statement requirement and when it can be used
• Notices that must be sent period to the first payment due after the rate first adjusts on an ARM
• Elimination of one of the ARM loan notices
• Notices required before payment at a new level is due when a rate adjustment causes the payment to change
• What you need to address for partial payments
• How to respond to requests for account payoff balances
• How existing loans are affected

Audience:
The program is designed for managers, loan originators, loan officers, lending assistants, compliance officers, auditors and others with responsibilities for originating mortgage loans.

About the Speakers: Jack Holzknecht is a principal with Pegasus Educational Services, LLC. He has been delivering the word on lending compliance for 36 years. In Jack's 31 years as a trainer, over 100,000 bankers (and many examiners) have participated in his live seminars and webinars. Jack's career began in 1976 as a federal bank examiner. He later headed the form, software and education divisions of a regional consulting company. There he developed loan and deposit form systems and software. He also developed and presented training programs to bankers in 43 states. Jack has been an instructor at compliance schools presented by several state bankers associations. He developed and delivered compliance training for the FDIC and OTS for ten years. He is a Certified Regulatory Compliance Manager and a member of the National Speakers Association. He is also a "BOL Guru" at http://www.bankersonline.com.

Mary Beth Guard currently serves as Executive Editor of BankersOnline.com, CEO of Glia Group, Inc. and Executive Editor of BankingQuestions.com. Since graduating from law school in 1980, Mary Beth has focused her work almost exclusively on the banking industry. Previously, Mary Beth served as EVP/General Counsel and COO for the Oklahoma Bankers Association, EVP of Specialized Services for Thomson Financial Publishing, and General Counsel for the Oklahoma State Banking Department. Mary Beth is on the advisory board for Bankers' Hotline. She has presented training programs for virtually every major national financial industry association, as well as more than a dozen state bankers associations and a host of other organizations. In addition, Mary Beth has written more than a thousand banking-related articles and is a BOL Guru.


VIEW A 10 MINUTE SAMPLE
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CD-ROM includes:

• Complete presentation (including slides and audio)
• Written Materials
• Follow-up Q & A

You have the right under this license agreement for this CD-ROM to use this presentation on a single-workstation. Use on a network is in violation of the copyright agreements. CD may be used by multiple users at a given institution but may not be placed on a network or in any other multi-user environment.

This program was recorded in its entirety in June 2013. The CD-ROM includes program slides, materials (if available) and follow-up Q & A document.