December 2023 Compliance Recap


Here’s the latest and greatest compliance updates from our team of experts who are continually reviewing requirements for document changes and publishing real-time updates.

Document Updates

    • To be more precise in our calculation on Cx4565 (MD Broker Agreement) we have updated our calc to use Field 41021 “Total Fees Paid to Broker as a Percent” if this field is being used and sent to us, otherwise we will use Field 6713 “Loan Originator/Broker Compensation Percent”. Read more.
    • On July 28, 2023, Governor JB Pritzker approved Illinois House Bill 2717 which amends the Illinois Mortgage Escrow Account Act regarding notifications about terminating or continuing escrow accounts for higher-priced mortgage loans. Cx1207 “IL Mortgage Escrow Account Act” and Cx16095 “IL Mortgage Escrow Account Act” are provided pursuant to 765 ILCS 910/11 and 38 Ill. Adm. Code 1050.1110(f). Both documents print verbatim the Illinois Mortgage Escrow Account Act. Read more.
    • As in previous years, the Consumer Financial Protection Bureau (“CFPB”) has updated a couple of the dollar amounts specified in various parts of Federal Regulation Z (12 CFR Pt. 1026), which amounts are required to be adjusted annually for inflation. These amounts include the “Truth in Lending (Regulation Z) Threshold Adjustment” and the “Higher-Priced Mortgage Loans Exemption Threshold Adjustment”. Docutech uses “Loan Amount Less Than or Equal to Reg Z Threshold Amount” (FI 81938) for these types of circumstances (e.g., as a print trigger for Cx1022 – IA Notice to Cosigners). The global field value mappings for Fl 81938 have been updated accordingly. Read more.
    • After reviewing Cx6179, TX Home Equity Second Deed of Trust, we are adding Field 29917 “Previous Loan Recording Instrument File Number” to print in the Subordinate Lien Clause in paragraph 30. Read more.
    • After a document library audit, Docutech is updating contact information in the penultimate paragraph of Cx2688 – ID Mortgage Banker Application. Read more.
    • After a document library audit, Docutech is updating TX Home Equity 3185 Affidavit and Agreement (Cx3442) to include a Home Equity Line of Credit (HELOC) version. Read more.
    • Docutech is updating the Texas version of HELOC Agreement (Cx21652) to include a new Paragraph 31 entitled “Intention to Comply with Texas Constitution” to make Cx21652 more consistent with the Fannie Mae Uniform Security Instrument provisions found in the third paragraph of Section 5 of the Texas Home Equity Note (Form 3244.1). Read more.
    • According to DC ST 42-818(a), a trustee is allowed to receive commission on the proceeds of sale in foreclosure. If the mortgage does not fix the rate of commission the trustee is entitled to the statutory rate. Our DC Second Deed of Trust (Cx474) had both the amount and the percentage for the rate of commission. The FNMA DC model form (FNMA form 3009) only has the percentage. The law does not specify if the amount or percentage should be used. Because of this we have adjusted Cx474 to mirror the FNMA model form. Read more.
    • Docutech is adding functionality to support alternate configurations for our copy of the SSA-89 Social Security Number Verification form (Cx5579). This change came about because some clients requested functionality to independently control whether copies of the SSA-89 for specific Borrowers are included or excluded in the package. Consequently, we are adding new fields to the Multi-Doc Collection functionality that prints our Cx5579. Note that the logic will remain the same as it is today unless the new fields are set. Read more.
    • Postponed Changes for Social Security Number Verification (Cx5579), DC Deed of Trust Second (Cx474), and FHA AK Deed of Trust (Cx19359). These changes were postponed and will now take effect on January 5, 2023. These changes are available for testing on Stage 1 & Stage 2 servers. Read more.
    • As previously announced in October, Docutech asked for feedback regarding the removal of witness lines from Florida documents since witness lines are not required on mortgages per Fla. Stat. Ann. § 695.26(1)(f) or leases per Fla. Stat. Ann. §689.01(1). Most respondents indicated they would rather have the Florida witness lines removed. Docutech has removed the Florida witness lines by default, but clients who wish to continue printing Florida witness lines on most forms can do so by setting the “Print Witness Lines on Security Instrument” field to “Yes” by custom standard value field mapping. Read more.

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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.