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 Lenders Loan Compliance 

Auditor? Lender? Reduce Your Liabilities! 

Get it Right the First Time!

 

As a lender or an auditor for a lending institution, the transaction of the loan itself, how it was derived, and all the moving parts determining eligibility must be warranted by accuracy to minimize risk and maintain viability.  U.S. Lender Audit'sTM ability to help place proper underwriting peace of mind for lenders is a phone call away.  Get a review of each selected file to ensure conformance to investor/regulatory requirements, sound underwriting and closing decisions were made. Specific areas of review include:

  • Ensure loan was properly underwritten and sound judgment used
  • Credit documents and calculations are reviewed to ensure the borrowers have demonstrated the ability and willingness to repay the debt.
  • Appraisals are reviewed to ensure that the subject property represent adequate collateral for the mortgage.
  • Red Flag reviews are conducted on all loans to identify if there are any inconsistencies that may be indicative of fraud or misrepresentation.
  • Closing documentation is reviewed to ensure conformance with guidelines.
  • Disclosure documents are review to ensure compliance.
  • Anti-Predatory Lending (HOEPA Section 32) state and federal compliance.

The conclusion of the review will be a generated reports forwarded to the client. The reports are as follows:

  • Loan Rating Detail
  • Individual Loan Summary, and Results Detail
  • Detailed Exception Report
  • Exception Analysis by Area of Responsibility
  • Loan Rating by Originator
  • Loan Rating by Underwriter
  • Loan Rating by Loan Type
  • Loan Rating by Loan Purpose
  • Specialized reports can be prepared at the clients' request.

The auditing company prepares a QC file for each loan audited. The QC folder will identify the client and the specific audit and loan number and the borrower's name. The QC file contains the following:

  • Copies of all forms and loan documents supporting the exceptions
  • Merged in-file credit report if required
  • RMCR if required
  • Field review appraisal if required
  • All returned re-verification information

The auditing company provides post funding and pre funding quality control reviews and audits through an outsourcing agreement.  Reviews are provided for FNMA, FHLMC, FHLB, FHA, Conventional, Sub prime, and VA Loans.  This allows the mortgagee and loan correspondents to devote their full attention to increasing production.

 

The auditing company utilizes the latest technological resources along with a staff of experienced underwriters to provide a thorough audit of your files.  Each file is dealt with the highest level of confidentiality and reviews are completed in an expedient manner.

 

U.S. Lender Audit'sTM Forensic Auditing Servicer Includes:

 

§  File Selection

 

§  Re-verification

 

§  Appraisal Review

 

§  Debt Ratio and Closing Analysis

 

§  Loan Documentation

 

§  Fraud Detection

 

§  *Five Business Day Turnaround (bulk orders may need to be extended)

 

U.S. Lender Audit'sTM servicer produces management reports with easy to read risk assessments, trend analysis, and personnel reports.  The report also provides a detailed analysis of each loan review.  The reports can be grouped by branch office, underwriter, processor, broker or correspondent.

 

 

Closed Loan Audit Procedures

 

Loan Selection;

 

A random 10% or a 2% sample that will provide a 95% confidence level will be chosen from closed loans on monthly basis.  If fewer than 10 loans are closed monthly, a 90 day sample will be selected. If fewer than 10 loans are closed annually one loan from the year will be selected.

 

Random selection shall assure all loan officers, processors, underwriters, and appraisers are subjected to review

 

A minimum of 10% of total loans rejected will be reviewed, concentrating on three particular areas. First, the reasons given for rejection must be reviewed and determined to be valid.  Second, the company must ensure that a senior staff person or officer of the company or a committee chaired by a senior staff person or officer concurred with the rejection.  The company will also ensure that the requirements of the Equal Credit Opportunity Act are met and documented in each file.  Where possible discrimination is noted, the mortgagee is expected to take immediate corrective action.

 

Document Review and Verification

 

Credit Report

A new credit report will be obtained for each borrower whose loan is included in a Quality Control review, unless the loan was a streamline refinance or was processed using an approved automated underwriting system exempted from this requirement.  A credit report obtained for a Quality Control review may be a Residential Mortgage Credit Report, a three repository merged in-file report or, when appropriate, a business credit report.  The report must comply with the credit report standards described in the appropriate sellers guide.  A full Residential Mortgage Credit Report must be obtained from a different credit source on cases in which the in-file report reveals discrepancies with the original credit report.

Verifications

All verifications, gift letters, other credit related documents, and the original loan are re-verified.

 

Re-verification requests will be sent with a cover letter from the Company to the address shown on the verification to certify that the figures, signatures and information were correct and the signatory had the authority to sign the verification as of the original verification date.

 

Credit Document Re-verification

Documents contained in the loan file will be checked for sufficiency and subjected to written re-verification.  Examples of items that will be re-verified include, but are not limited to, the mortgagor's employment or other income, deposits, gift letters, alternate credit sources, and other sources of funds.  Sources of funds will be acceptable as well as verified.  Other items that may be re-verified include mortgage or rent payments.  If the written re-verification is not returned, a documented attempt will be made to conduct a telephone re-verification.  If the original information was obtained electronically or involved alternative documents, a written re-verification will still be attempted. Any discrepancies will be explored to ensure that the original documents (except blanket verification releases) were completed before being signed, were as represented, were not handled by interested third parties and that all corrections were proper and initialed.  All conflicting information in the original documentation will be checked to insure it was resolved before the complete file was submitted to the underwriter.

Appraisals

 

A desk review of the property appraisal will be performed on all loans chosen for a Quality Control review except streamline refinances and Real Estate Owned (REO) sales.  The desk review will include a review of the appraisal data, the validity of the comparables, the value conclusion, any changes made by the underwriter and the overall quality of the appraisal.

The company will contract field appraisal reviews on 10% of the loans selected during the sampling process outlined previously in paragraph.  Field reviews will be performed by licensed appraisers.  The company will select loans for field reviews based on factors such as the following:                                     

 

·         Discrepancies found during desk reviews

·         Large adjustments to value

·         Comparable sales more than six months old

·         Excessive distances from comparables to the subject property

·         Repetitive sales activity for the subject property

·         Investor-sold properties

·         Identity of interest between buyer and seller

·         Seller identity differs from owner of record

·         Vacant properties

·         Value increased 20% or more within 12 months of a previous sale.

 

In addition, a field review will be completed on loans selected if serious deficiencies or patterns are uncovered,

Occupancy Re-verification

In cases where the occupancy of the subject property is suspect, the company will attempt to determine whether the mortgagor is occupying the property.  If it is found that the mortgagor is not occupying a property mortgaged as owner-occupied, the company will report this, in writing.  The company will also advise further review of other similar loans for occupancy.

Underwriting  Decisions.

Each loan selected for a quality control review will be reviewed for compliance with FNMA, FMHLC, FHLB, VA, HUD  and any applicable sub prime underwriting requirements, sufficiency of documentation and the soundness of underwriting judgments.

Condition  Clearance and Closing.

Each loan selected for a quality control review will be reviewed to determine whether:

·               Conditions which were required to be satisfied prior to closing were in fact met prior to closing;

·               The seller was the owner of record, or was exempt from the owner of record requirement in

            accordance with FNMA, FMHLC, FHLB, VA, and HUD regulations;

·               The loan was closed and funds disbursed in accordance with the mortgagee's underwriting and

            subsequent closing instructions; and

·               The closing and legal documents are accurate and complete.

 

Order Now or Call Toll Free:  888-9-HELPLOAN or 888-943-5756

 

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RECENT FILES AUDITED:

ACTUAL AUDITOR NOTES:This is a Hybrid Option Arm loan that allows 120% negative amortization. The servicing
disclosure was in the file, however, the initial Good Faith Estimate and the initial Truth in
Lending disclosures were not in the supplied documents. As all three of these documents are
required to be disclosed to the borrower within 3 days of the application, there is some
evidence that this may not of occurred. Additionally, this loan allowed a negative amortization
that would bring the loan balance to exceed the appraised value.

ACTUAL AUDITOR NOTES: In section One of the Note "1. BORROWER'S PROMISE TO PAY" the principal amount was blank. This would indicate that there is no consideration provided for this loan. The documents
provided included a "Limited Power of Attorney" to correct paper work mistakes. However that
POA excludes changes in the loan amount or terms.


ACTUAL AUDIT NOTES:The audit report produced a number of loan exceptions. Most of the exceptions were produced
because of the limited number of documents provided in the audit. This was a stated income
loan. The application provided show the previous housing expense at $2600.00 and the new
housing expense over $9000.00. This payment shock is unacceptable without some
explanation by the underwriter as to how the borrower was to meet this obligation. This loan
should not have been made.


ACTUAL AUDIT NOTES: This transaction was a ten year interest only First Lien Mortgage Loan. The amount of the loan was $279,500.00. This amount is within the conventional limits and is covered by the State or Federal Home
Ownership Equity Protection Act.
This loan was made for a new home built by Lennar Homes. Lennar Homes
also owns the loan
origination company, the lender and the title company used in this transaction.
The documents provided did not include a notice of Affiliated Business Disclosure required when two or
more of the participants rendering services on a home mortgage are related by ownership of 1% or
greater.


Controlled and Affiliated Business Arrangements (ABA)
An "affiliated business arrangement" (ABA) or Controlled Business Arrangement is defined in RESPA as
an arrangement where a person who refers settlement services has an "affiliate relationship" or "an
ownership interest of more than one percent in a provider of settlement services."


Why an ABA not disclosed a RESPA Violation
HUD tacitly understands that there are circumstances where a borrower's interests are best served by
working with entities who "bundle", or package, services. If the process results in lower costs for the
borrower, it is obviously advantageous to use a provider who can add value. For HUD, the concern is in
areas where the borrower ends up paying more, not less, for services. The Controlled Business
Arrangement is a circumstance where, if unmonitored or unregulated, borrowers could be steered to a
provider which does not add value, but adds cost, where upon in this circumstance both the loan
originator and the lender charged origination fees causing a higher cost to the borrower.
This transaction violates RESPA 3500.15


ACTUAL AUDIT NOTES: The borrower's did not show on their application sufficient funds to close the loan. There is no
explanation for the additional funds. The payment shock on this loan was three times the
amount that the borrower had been paying. This in addition to the poor payment and credit
history of the borrower, made this a questionable loan and the lender should not have made
the loan.


ACTUAL AUDIT NOTES: This is a 30 year adjustable rate mortgage amortized over 40 years with a balloon payment at
the end of 30 years. The HUD-1 provided in the review was changed and "penciled in" without
any acknowledgment by initialing by the borrower. The review package also included only one
copy of the borrower Right to Cancel. Two copies are required by the TILA law. Additionally,
the GFE estimate provided at closing indicated the loan term was 480 months with and
amortization period of 480 months. This was wrong as the term was 360 months and
amortization period of 480 months. The fees charged by the broker were excessive and are
indicative of an loan transaction provided to benefit the broker over the needs of the borrower.


ACTUAL AUDIT NOTES: This is a 3/27 adjustable rate loan that refinanced with cash out a previous
loan that had only
four months of seasoning. The borrower had good credit with a mid score of 717.
While legally
permitted, this loan had excessive broker fees ($14,700.00) and the borrower could have
possibly qualified for a fixed rate product with a similar interest rate and loan terms with lower
fees. The broker would have difficulty passing the RESPA test for justifying the work that the
fees represented.


ACTUAL AUDIT NOTES: The Notice of Right to Cancel was not completed. The notice did not have a rescission date. This loan may be rescinded.


ACTUAL AUDITOR NOTES: The file contained only three copies of the "Borrower's Right to Cancel", there should have
been four copies or two copies for each borrower. The loan was originated by the borrower as
the borrower was a loan officer for the lender. This is not an industry "good practice" and
should have not been allowed. The borrower also provided a letter to the lender detailing the
reason for the refinance. The letter claimed the borrower wanted to replace their adjustable
rate mortgage with a fixed rate mortgage. This was a refinance of an adjustable rate mortgage
with a new adjustable rate mortgage. As the cost of the refinance was going to increase the
overall housing expense, it is difficult to understand how there would be a "net tangible
benefit" to the borrower.


ACTUAL AUDITOR NOTES:
This was a re-finance of an existing mortgage loan. The Right of Rescission or the Right to
Cancel provided in the file did not have a rescission date. Additionally only one copy was
provided. Under the TILA law, in a consumer refinance transaction, two copies of a disclosure
of Right of Rescission, disclosing the process and the date in which the borrower must exercise
that right, must be given to each borrower at closing. Based upon these documents, the TILA
law was violated and the borrower can rescind the loan. There is a Failure on the HUD-1 as
both the originator and the lender charged processing fees. It is sometimes common to see the
lender charge a small document review fee, but this was not the case. The deed of trust has
the borrower as a married woman. California is a community property state and the spouse
should have a right of rescission disclosure. This was not in the file.

The file contained only one copy of the right of rescission. The copy was not complete. It failed
to show the date of the transaction, or the date of the truth and lending disclosure or the date
of receipt of the Right to Cancel Notice. It also failed to show the date by which the rescission
period expires. Additionally, because California is a community property state, there should
have been two notices for each borrower or both married individuals. The application did not
indicate the borrower income, this would indicate a high level of irresponsibility on the part of
the lender as this would mean the lender accepted the borrower with no income.

The borrower was not qualified at a higher interest rate.
The borrower's interest rate, currently, and at the time of Application is 7.500%.
Debt-to-income ratio is very high at 7.500% and can increase to 10.500% in June
2009, and can increase 1.00% each year thereafter. The borrower was not
qualified for the interest rate ceiling of 13.500%.

The Adjustable Rate Mortgage Note includes inconsistent
mortgage terms.The loan documents indictate that the interest rate will adjust annually based on
a 6-month LIBOR index. Based upon industry standards and accepted practices,
the index should match the frequency of the interest rate adjustments, in this
case, the index should be a 1 year LIBOR.


It appears that the borrower was charged excessive fees at
closing. For each loan, the borrower was charged 4% for origination fees on the HUD-1
Settlement Statement. However, on the Good Faith Estimate, the 4% total fees
included origination fees, discount fees, and mortgage broker fees totaling 4%.
The HUD-1 does not differentiate the individual fees from the origination fees.

Mortgage Affordability Estimates-This was estimated by using the income stated on the
loan application.According to this estimate the borrower could afford to purchase a house
valued at $245,531 at the initial rate of 7.500% and a house valued at $159,294 at the ceiling
rate of 13.500%.

Based on the information provided in the file the borrower would need to have a yearly income
of $135,597.28 inorder to qualify for this loan. The borrower's income as shown on the loan application
is $9,840.84 per month or$118,090.08 per year.

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The information presented on this Web site is not to be construed as legal advice. Legal advice must be tailored to the specific circumstances of each case. Every effort has been made to assure that this information is up-to-date as of the date of publication. It is not intended to be a full and exhaustive explanation of the law in any area. This information is not intended as legal advice and may not be used as legal advice. It should not be used to replace the advice of your own legal counsel.

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