Compliance Updates: August 2025 In Review

Our team of experts at Docutech continually review requirements for document changes and publish real-time updates. To help keep you in the know, the monthly Docutech Compliance Recap brings you the most recent compliance updates. 

Here’s our latest recap:

Document Updates

• Fannie Mae has revised Exhibit A in Form 3749 to reflect updates to MERS Rule 2, impacting the Maine MERS Mortgage Assignment. Key changes include a new footer version date (“07/2021 (rev. 07/25)”), a section renumbering from “5” to “6,” and added language clarifying MERS’s role as Nominee and Mortgagee of Record. Additionally, all references to “MERSCORP Holdings” have been updated to “MERSCORP.” These updates aim to improve clarity and alignment with current MERS standards. Read more.

• To comply with RCWA 19.36.140, Docutech has updated Cx514 to include a statement clarifying that oral agreements are not enforceable under Washington law. This change ensures that borrowers are explicitly informed that only written agreements are legally binding. The update reinforces transparency and legal compliance in second lien Deeds of Trust issued in Washington. It reflects Docutech’s ongoing efforts to align with state-specific statutory requirements. Read more.

• Docutech has updated Cx28407 to mirror the 1997 version of the Illinois Disclosure of Financial Interest form, in compliance with 215 ILCS 155/18. This decision follows confirmation from the Illinois Department of Financial and Professional Regulation (IDFPR) that the 1997 version remains the valid form, despite the expiration of prior guidance. The update ensures continued regulatory alignment and clarity for users preparing disclosure documents in Illinois. It reflects Docutech’s commitment to maintaining compliance with state-specific requirements. Read more.

• The 3049 WV Deed of Trust 2021 (Cx25328) and FHA WV Deed of Trust 2021 (Cx26166)  have been revised to reflect flexibility allowed under W. Va. Code § 39-1-2, which states that witness signatures are not required if the document is properly notarized. Fannie Mae’s instructions also support removing witness lines when unnecessary. To accommodate this, Docutech added a configuration option—setting “Print Witness Lines on Security Instrument” (FI 95509) to “No”—to suppress these lines. This update enhances document customization while maintaining compliance. Read more.

• To ensure consistency and compliance with Minnesota Statute § 47.20, Subdivision 8, Docutech has updated the Notice provision in Section 12 of Cx490 to match the language found in Fannie Mae Form 3024 (Cx25302). This change allows lenders to send default notices via electronic communication, aligning with modern delivery preferences while maintaining legal requirements. The update supports certified mail delivery to the borrower’s designated address and reinforces Docutech’s commitment to regulatory alignment. Read more.

• Following the enactment of NY Banking Law § 35, Docutech created Cx28331 to meet new disclosure requirements for mortgage lenders in New York. The pamphlet is based on statutory language and will print for applicants when the state code is set to New York and the document package type is Initial Disclosure. It includes multilingual support and prints individually for all applicants, including guarantors and entities. This ensures compliance and accessibility across diverse borrower groups. Read more.

• Docutech has updated Cx1327 to support optional fields for the Beneficiary/Lender’s name and full address on the security instrument. These fields—when left blank—default to standard Lender fields, ensuring flexibility and consistency across most standard security instruments. This enhancement builds on prior updates and allows for more tailored document configurations. It reflects Docutech’s ongoing efforts to improve customization and compliance in mortgage documentation. Read more.

• A configuration option has been produced for Cx484 allowing clients to reference either the deed instrument number or the traditional deed book and page numbers in the derivation clause. When the “Derivation Clause Recording” setting (FI 1174) is set to “Use Instrument,” the clause will cite the instrument number using field FI 624. If not selected, the clause will default to referencing the deed book (FI 623) and page number (FI 625). This update enhances flexibility in how property records are documented. Read more.

• Docutech has aligned Cx18893 with the finalized version of USDA Form RD 3555-21, published on August 5, 2025. Key updates include a revised review date (“08/25”) and the full inclusion of the new burden statement at the end of the document, due to limitations in embedding a popup for the “View Burden Statement” button. These changes reflect compliance with USDA’s latest standards and improve document clarity. Read more.

• Cx28407 has been created to comply with 215 ILCS 155/18, which requires producers of title business to disclose any financial interest and estimated charges to parties paying for services. The form aligns with the version published by the State of Illinois and is triggered in initial and closing packages using configuration FI 193699. This ensures transparency when lenders or associates have a stake in title, escrow, or insurance services. The update supports compliance with Illinois law and enhances disclosure practices. Read more.

• Docutech has revised the interest rate section of both Cx18565 and Cx18990 to ensure accurate disclosure for prepaid interest, especially in temporary buydown scenarios. The update replaces the use of Calculated Initial Interest Rate (FI 46267) with Interest Rate (FI 1005) in the “Prepaid Interest” row, aligning with how fees are calculated. Additionally, legacy formatting options for interest rate percentages have been removed, enforcing TRID 2.0 standards that require rounding to three decimal places and dropping trailing zeros. These changes improve consistency and regulatory compliance across disclosures. Read more.

The above information is for informational purposes only and is not and may not be construed as legal advice. No third-party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third party should consult with an attorney prior to embarking upon any specific course of action.