TILA, or the Truth in Lending Act, was enacted in 1968 to require borrowers to disclose the terms and costs associated with credit lines and loans. Originally overseen by the Federal Reserve Board, the authority for TILA was transferred in 2011 to the CFPB (Consumer Financial Protection Bureau).
State & Local High
Cost Threshold Tests
- Includes HOEPA threshold tests, as well as those enacted by individual states and local governments.
The Home Ownership and Equity Protection Act of 1994 (HOEPA) requires disclosures of high-cost loans and includes restrictions on lenders. It is now overseen by the CFPB.
Utilizing Mavent's Expert Engine, Compliance EAGLE checks for requirements on over 340 state laws, including:
- Usury Rate Ceilings Percentage Caps.
- Prohibited Fees.
- Fee Percentage or Dollar Amount Limits.
- Higher-Rate, Higher-Risk, Higher-Priced, Subprime, Nonprime, and Rate Spread Loans.
- Prepayment Penalty Prohibitions and Limitations.
- Late Fee Dollar Amount Limits and Length of Late Fee Grace Periods.
- Interest Accrual Start Dates.
- Negative Amortization Prohibitions.
- Balloon Payment Prohibitions or Term Limitations.
- Payment and Term Limitation.
(ATR) / Qualified Mortgage (QM)
Effective January 10, 2014, the CFPB implemented sections 1411 and 1412 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (usually just referred to as "Dodd-Frank"). Generally, this requires creditors to make a reasonable, good faith
determination of a consumer’s ability to repay (ATR), and establishes certain protections from liability under this requirement for “qualified mortgages” (QM).
In partnership with LoanScoreCard and Mavent, QuestSoft's Compliance EAGLE was the first automated compliance platform to offer a fully operational QM and ATR solution available through more than ten loan origination systems (LOS).
Compliance EAGLE offers recording fee calculations, based on the county requirements.
- Performs accurate title insurance fee calculations to help lenders and borrowers understand costs up-front.
The insurance insures protects an owner's or a lender's financial interest in real property against financial loss from defects in title to real property, from the invalidity or unenforceability of mortgage liens, and other related matters.
- Reviews HMDA data for individual loans preparing data for future reporting requirements.
- Instant HMDA provides lenders the easiest, fastest and most cost effective Loan-Level HMDA data validity solution available.
Passed in 1975, the Home Mortgage Disclosure Act (referred to as "HMDA" and pronounced "HUMDA") requires financial institutions to report data on home purchases, pre-approvals, improvements and refinance applications.
- Solves geocoding and address verifications rapidly and accurately to meet required reporting data requirements.
Financial institutions need to meet the legal requirements to report information on mortgage, business and farm loans, and census tract information must be provided for each reported loan.
Identifies issues with OFAC, and offers Social Security Number (SSN) reviews to assist with fraud and risk questions. OFAC, or the Office of Foreign Asset Control, is part of the US Department of the Treasury and can be used to impose controls on transactions or freeze assets under US jurisdiction.
- Includes CRA review to help ensure loan adheres to proper legal guidelines.
- For more in-depth analysis, QuestSoft's CRA RELIEF is a popular product that helps banks and credit unions prepare necessary CRA compliance examination reports.
The Community Reinvestment Act (CRA) was passed in 1977 to reduce discriminatory credit practices against low-income areas (i.e. redlining).
- Verifies broker and lender licensing is up-to-date before loan is funded to avoid back-end issues and delays.
- Flags problems before they happen and saves organizations from unnecessary scrutiny.
"Disparate Impact" hit the news headlines in regards to mortgage lending, based on the theory that even if a financial institution had no intention of discrimination, it might have crossed the line.
- Reduce the possibilities of last minute surprises at loan closing.
- 100% automated, returns information in seconds and provides results on 93% of all properties.
A Flood PreCert determines the likelihood that flood insurance will be required.
- Offers flood certifications, endorsements, maps and services to make sure real estate under consideration is properly designated and covered.
A flood cert is a document that states the flood zone status of a property -- and Compliance EAGLE offers flood certifications, endorsements, maps and services to make sure the real estate under consideration is properly designated and covered.
- Protects lenders against wire transfer fraud.
The ALTA Registry serves as a searchable online database of underwriter-confirmed title agent companies, real estate attorneys and underwriter direct offices. The service assists lenders and other participants in the closing process, to help identify each other and communicate in a timely and consistent manner throughout the mortgage transaction.
- Identify LMI loans that provide additional basis point revenue on the secondary market.
Loans made to minority or LMI borrowers can provide additional revenue on the secondary market from investors.