“If we don’t change direction soon, we’ll end up where we’re going.” That sentiment seems to sum up how many compliance-focused folks in mortgage banking feel right now, as it seems the regulations present an ever-changing landscape.

Starting next Monday, for states that have transitioned to the NMLS, originators will need to provide their NMLS Loan Originator ID (the loan officer signing the 1003) and Loan Originator Company ID (associated with the broker) numbers. Wells Fargo’s wholesale channel, for example, reminds brokers that “Company Originator ID Company Originator ID must match the broker’s name. Use your Main Company ID, and not the branch ID. The Loan Originator ID must match the Loan Officer’s name on the 1003 and be associated with the Main Company (broker’s name). Loan Originator ID must be established in the property state. 1003 information must match the information entered into the Broker’s First website. 1003 cannot be dated earlier than the date of the approved license.”

Late last week the Federal Reserve Board approved a new interim rule amending Regulation Z, which implements the Truth in Lending Act (TILA) and which clarifies a previous interim rule issued in September. The September regulations focus on implementing provisions of the Mortgage Disclosure Improvement Act (MDIA), which amended TILA to require mortgage lenders to disclose examples of how a loan’s interest rate or payments can change, and kick in at the end of January. Starting then, “lenders’ cost disclosures must include a payment summary in the form of a table stating the initial rate and corresponding periodic payment and, for adjustable rate loans, the maximum rate and payment that can occur during the first five years as well as a “worst case” example showing the maximum rate and payment possible over the life of the loan. The new interim rule clarifies that creditors’ disclosures should reflect the first rate adjustment for a 5/1 adjustable rate mortgage, and should show the earliest date the consumer’s interest rate can change rather than the due date for making the first payment under the new rate for interest-only loans. The rule also clarifies which mortgage transactions are covered by the special disclosure requirements for loans that allow minimum payments that cause the loan balance to increase” per law firm BuckleySandler. For a copy of the press release, check out RegZ but for a copy of the actual notice go to FedResRegZ

Starting Saturday we have new Fair Credit Reporting Risk-Based Pricing Regulations. Wholesalers are notifying brokers of the changes. For example, Provident Funding sent its broker clients word that “Provident Funding is required to issue a risk-based pricing notice to a loan applicant who is offered less favorable terms than the most favorable terms available. Beginning with loans with an underwriting approval date on or after December 22, 2010 for which a FICO-based price adjustment applies, Provident Funding will send a Risk Based Pricing Notice to each unique mailing address on a loan application…The Risk Based Pricing Notice will first be triggered upon initial underwriting approval (i.e. when a loan first reaches status 60 - Approved) of a loan for which a FICO-based price adjustment applies, regardless of whether the loan is floating or locked…A waiting period of 1 rescission day will be required from the date the disclosure is delivered to the earliest signing date for the loan. Provident Funding recommends use of the e-mail delivery method for loan disclosures to reduce delivery times and waiting periods.”

AmTrust, soon to be NYCB Mortgage Company, spread the word to its clients that “Effective for loans with an Initial AU submission on or after January 1st, 2011, the Credit Score Disclosure that is provided to borrowers must comply with the requirements set forth in Sections 609 (f) and 615 (h) of the Fair Credit Reporting Act. The new rule requires, amongst other things, that a distribution of credit scores be presented in a bar graph or a clear and readily understandable statement informing the consumer how his or her credit score compares to the scores of other consumers.”

Fannie announced a set of pricing changes that will certainly echo through smaller investors, if they haven’t already. Fannie made changes to the loan level pricing adjustments (LLPA’s), changing LLPA’s for most mortgage loans with LTV ratios at or above 70.01%. “An LLPA will now be charged for mortgage loans with LTV ratios at or below 65% and CLTV ratios between 80.01 to 95%. The CLTV ratio range for loans that have LTV ratios greater than 65% and less than or equal to 75% and CLTV ratios less than 95% has been adjusted. In addition, the LLPAs have changed for the remaining LTV and CLTV ranges (with the exception of CLTV ratios above 95%). LLPAs will remain unchanged for DU Refi Plus and Refi Plus mortgage loans. FannieChanges

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