November 2023 Compliance Recap

 

With the December ConformX software release, new Include Spouse Name in Security Instrument Names and Capacities Indicator (FI 187503) will be set by global standard value field mapping to “Yes” when the Property State (FI 1714) is Minnesota.

Our team of experts at Docutech continually reviews requirements for document changes and publishes real-time updates. To help keep you in the know, the monthly Docutech Compliance Recap brings you the most recent compliance updates. Here’s October’s recap:

Document Updates

    • Previously, three documents would only consider printing Section F fees if all previous Section F fees had either a fee description or an amount populated. Specific documents have been updated to ensure the first five fee lines of Section F are always considered for printing, since the first four have hardcoded descriptions on the Loan Estimate and Closing Disclosure. Read more.
    • According to MD Code, Real Property §4-106(a), mortgages or deeds of trust are required to have an oath or affirmation of the mortgagee that the consideration recited in the mortgage or deed of trust is true and bona fide as set forth. Additionally, §4-106(b)(1) provides that if security interest is purchase-money, an affidavit of disbursement and consideration is required. We have updated our HELOC (Cx3040) and Second Lien (Cx487) documents to provide for either the Affidavit of Consideration or Affidavit of Disbursement and Consideration. Read more.
    • Our 203(k) Applicant Acknowledgment, Cx15487, contains a paragraph where the applicant can direct how contingency funds they have provided will be refunded. Previously these elections were always printed on the document based on the fields sent to ConformX. We are now modifying this document to allow the borrower to make this election during an eSign session if the fields are not sent in the XML file. Read more.
    • We have adjusted the Nebraska notary acknowledgment for remote online notary (RON) and in-person electronic notary (IPEN) transactions. Read more.
    • After review of Cx1046, the IL Second Fixed Rate Note, we are updating the title to include “THIS NOTE IS SECURED BY A JUNIOR MORTGAGE” to be placed under the word “NOTE” pursuant to 815 ILCS 5/3 (K). Read more.
    • According to DC Municipal Regs. Tit. 9 § 335, an application for exemption from real property tax is to be made at the time a deed that transfers real property is presented for recordation. The DC Office of Tax and Revenue publishes a model form. Our Cx2485 is mirrored after the DC model form. DC has updated their form and so we have similarly updated our Cx2485. Read more.
    • Our Fixed Rate Note Alabama Second, Cx1033, contains a notice near the bottom of the document. To ensure more conservative compliance with Ala. Code § 5-19-6(a), we have moved this Caution Notice directly above the signature area, switching places with the other notice above the signatures. Read more.
    • After a review of the Alaska Deed of Trust (Cx25280), we modified the heading for the recording address to state “After Recording Return To:” in place of “Return:”. Read more.
    • With the December ConformX software release, new Include Spouse Name in Security Instrument Names and Capacities Indicator (FI 187503) will be set by global standard value field mapping to “Yes” when the Property State (FI 1714) is Minnesota. Read more.
    • According to Rhode Island General Law §44-30-71.3 and 280 RICR 20-10-1.11, in a sale of real property and associated tangible personal property owned by a nonresident, the buyer is required to deduct and withhold on the payments an amount equal to six (6%) percent of the total payment to nonresident individuals, estates, partnerships, or trusts, and seven (7%) percent of the total payment to nonresident corporations. We have updated the form Cx1028 to match the percentages as listed in the law, namely 6% for nonresident individuals, estates, partnerships, or trusts and 7% for nonresident corporations. Read more.
    • After a review of the Wyoming lending laws applicable to the HELOC Mortgage Requirement, Cx1403, we have determined that under the section titled “RELEASE”, “to the extent permitted by law” should be added to clarify certain limitations on charging fees for a satisfaction of mortgage under Wyoming law may apply. Read more.
    • Docutech is making a configuration update to the OK Title Protection Notice (Cx3851) to only print for purchase loans. Read more.



For full details related to document and mortgage compliance updates, sign up for real-time Compliance updates at info.docutech.com/subscribe-compliance.

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.