August ’21 Document and Compliance Updates Roundup

Investors and the agencies were rather quiet in August and only one state required a change to its document set, and that wasn’t initiated by anyone in the state government. Instead, it was a decision by the CFPB that required a change for Georgia’s documents, as you will see below.

 While state banking departments and regulators may have been putting their focus elsewhere in August, our own team of compliance experts continued their work of reviewing compliance requirements for document changes. We found some, as you will see below.

 For real-time document and compliance updates, subscribe to our compliance blog.

Government Compliance News

As noted above, only Georgia required some document updates in August. Here’s the story from our compliance team:

Georgia. In the Consumer Financial Protection Bureau’s Supervisory Highlights of Summer 2021 Issue 24, examiners concluded that the Georgia Waiver of Borrowers Rights (Cx1009) violates the CFPB’s prohibition on deceptive acts or practices per the Real Estate Settlement Procedures Act’s (RESPA) Loss Mitigation Procedures. First American Docutech encourages their customers to reach out to their own investors to verify whether or not these investors will continue to require the Georgia Waiver of Borrowers Rights (Cx1009) to be included in mortgage loan closing packages. Learn more.

Document Changes

Document updates that occurred in August have been summarized below with links to the full descriptions of the updates.

• We provide a number of documents for states that require a specific disclosure to be given when a loan has a balloon payment. Because there are non-traditional loans that may be considered balloon loans, we have made certain changes to our document library. Learn more.
• We have updated the New Hampshire version of the Advanced Fee/Application Disclosure (our form Cx2783). During our audit, we determined that the lender signature is not required for the state of New Hampshire and thus we are removing the lender signature requirement for Cx2783 for the New Hampshire Advanced Fee/Application Disclosure. Learn more.
• We have made changes to IRS Forms 4506 (Cx23) and 4506-T/4506-C (Cx3095) to print the borrower’s home phone number if it is populated. If the corresponding Borrower [1-4] Home Phone is not populated, Borrowers Home Phone Number (Field 445) will continue to print. This change allows the phone number on each borrower’s copy to match up to their name in line 1a of the form. Learn more.
• The June 2019 version of IRS Form 4506-T (Cx24583) was set to print by default for FHA Initial Disclosure and Closing packages based on field “Print Non-Third Party 4506-T (Non-IVES Version)” (FI 143244). The FHA Single Family Housing Policy Handbook has been updated to replace all references to IRS Form 4506-T with 4506-C. Cx24583 is being retired since it is no longer needed. Learn more.
• We have added a new “Security Instrument Address” series of fields to allow clients to send us the individual address of each person signing our Florida security instruments and riders as the statutes say a security instrument needs to include the post-office address of each person signing the instrument. Learn more.

For full details related to document and mortgage compliance updates, visit our website here. Fill out the form at the bottom of the page to subscribe and receive updates as they are published.