| 12/30/14 |
- Regulation Z requires particular disclosures to be made, and
establishes limitations on some features, for certain mortgage loans
that are high-cost (HOEPA). Regulation Z also establishes limitations on
mortgage loans that meet the definition of a Qualified Mortgage (QM).
The points and fees for the loan are a measure of determining whether
the total points and fees are above the HOEPA or the Qualified Mortgage
(QM) thresholds. Please, review the following, if you made closed-end
loans covered by HOEPA requirements, or made loans under the Qualified
Mortgage (QM) rules, with financed fees that do not affect the APR,
between November 6, 2014 and December 19, 2014: We identified and
corrected an issue that could affect loans covered by HOEPA requirements
for closed-end loans (that is, non-exempt consumer, closed-end,
principal-dwelling secured transactions), or loans made under the
Qualified Mortgage (QM) rules (non-exempt consumer, closed-end,
dwelling-secured loans).
Please, read the information below to
determine, if this issue affected your loans. The points and fees
thresholds for purposes of HOEPA and QM determination are based on
the percentage of the “total loan amount,” among other factors.
Review the loans that you made between November 6, 2014 and December
19, 2014. If you made a loan with fees that you indicated as not
affecting the APR and financed, the loan may have been incorrectly
identified as not high cost, or as meeting Qualified Mortgage (QM)
requirements. This may have occurred because the “total loan amount”
was overstated by the amount of financed fees that do not affect the
APR for loans that included such fees. Because percentage
calculations were based on an overstated amount, some loans may have
been determined not to exceed the HOEPA or QM points and fees
thresholds although they did exceed the thresholds. We corrected
this issue on December 19, 2014. This change became available
immediately and was not part of a release.
Note: If you have closed transactions in our production environment,
it is likely that you do not have loans that were affected by
these issues, but it is important for you to review your loans
because there are penalties for violating HOEPA requirements;
the loan could lose the Qualified Mortgage (QM) status; and
there may be ways to cure some violations. The Truth-in-Lending
Act (TILA) states: “A creditor…has no liability…for any failure
to comply with any requirement imposed under this chapter…if
within sixty days after discovering an error…the creditor or
assignee notifies the person concerned of the error and makes
whatever adjustments in the appropriate account…” See 15 USC
§1640(b). In addition, 12 C.F.R. 1026.31(h) describes cure
options for HOEPA loans and 12 C.F.R. 1026.43(e)(3)(iii) – for
Qualified Mortgages (QM). These rules are complicated, and you
will need to consult with your attorney, if you have any loans
that are affected.
|
| 12/09/14 |
- The Loan Amount from the Calculations page defaults to the
Maximum Amount Secured on the Mortgage/Deed of Trust.
- A creditor can be added to the liabilities on the Financial Analysis
page.
|
| 11/18/14 |
- The product is defaulting totals based on data from the Calculations
page for Estimated Prepaid Items, Estimated Closing Costs, PMI, MIP,
Funding Fee, Discount (if Applicant will pay) and Applicant's closing
costs paid by Seller within the Transaction Worksheet section of the
Credit Application Real Estate document and the Details of Transaction
on the Uniform Residential Loan Application.
- The product provides a validation warning on the Print page when more
than 30 fees have been entered on the transaction.
- The Escrow Payment Date now saves the date if you manually
entered it and did not use the calendar for selecting the date.
- The product supports being able to disclose a fee at application time
and not charge it at closing time.
- The product supports printing the amount of interest per day to the Good
Faith Estimate regardless if there are odd days to the first
payment.
- There was an issue with document policies in Administration, the
Payment cut off time if before lobby closing under the
Mortgage Loan Payments section was not saving. The issue has been fixed.
|
| 11/06/14 |
- When recalling existing transactions in the Customer Test environment
that were created prior to this release any fees entered during the
application phase will be gone. This is because of changes made to make
sure the data was printing correctly on the HUD Settlement Statements.
Please create new transactions for your testing.
- There is an issue we are researching regarding the Federal HOEPA APR
for variable rate transactions that have a premium or discounted rate
and PMI is applicable. The Actual APR shown on the Wiz Sentinel report
is overstated; therefore, there is the potential that a determination
would indicate that the loan is a high cost loan based on the APR test
when in fact it shouldn’t.
|
| 10/24/14 |
- The product supports the ability to leave the Variance Type
blank. This gives you the flexibility to exclude items, such as
non-borrower paid fees, from the comparison chart found on the
Calculations page during the closing phase.
- Additional policy items have been added into Administration.
- Affiliated Business Arrangements - Service Providers can be
defined which will trigger the Affiliated Business Arrangement
Disclosure during the application phase.
- Application Documents - Include or exclude some optional
documents based on your business practice.
- Closing Documents - Include or exclude some optional documents
based on your business practice, define some terms on accepting
mortgage loan payments, and select the type of home ownership
counseling agencies.
- Signatures - Include or exclude attest lines, lender
signatures, seals, and witness lines .
- The preparer information from the flood certification is printed on the
Standard Flood Hazard Determination.
|
| 10/07/14 |
- When completing a transaction where the first payment is due on any day
except for the last day of the month, for example, 11-1-2014, and the
policy had If the first payment is due on the last day of the month
make all subsequent payments occur on the last day of the month
indicator set to true, incorrect language was printing on the Note. Even
though the payment was not due on the last day of the month, the Note
was printing "A payment of $977.84 will be due on November 1, 2014 and
on the last day of each month... ". This issue has now been fixed.
|
| 9/12/2014 |
- The product supports requesting a flood determination using the Flood
menu option.
- The product supports selecting a loan officer for the transaction on
the Loan Defintion page.
|
| 08/26/2014 |
- The product supports running Ability to Repay (ATR), Home Ownership and
Equity Protection Act (HOEPA), Higher-Priced Mortgage Loans (HPML) and
Qualified Mortgage (QM) determinations.
- The product supports doing a credit check with CBC Innovis or Kroll
Factual Data.
|
| 08/05/2014 |
- The product supports creating variable rate transactions.
- The product supports a simplified Adjustable Rate Mortgage Early
Disclosure for variable rate transactions.
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