This is not legal advice for your situation*

February 2006

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Vol. 4, Issue 2 (Feb 2006)
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Greetings from Document Systems, Inc. ("DSI") and DocMagic®, the preeminent loan document preparation system in the mortgage lending industry. We hope you enjoy this month's issue of The Compliance Wizard, a FREE, electronic publication addressing compliance and other issues of concern to DocMagic® software users. Subscribe/Unsubscribe

Are Your Discount Points Bona Fide? Now the Choice is Yours

At DocMagic, we are constantly adding new features and enhancements in an effort to make our software products better.  Today we are pleased to announce the addition of a "Bona Fide" discount point flag across our software product line. Read on to see what this means for you and your high-cost calculations.

Return of the 30-Year Treasury Bond Means High-Cost Changes

On February 9, 2006, the U.S. Treasury Department had its first sale of 30-year bonds, resurrecting a debt security that had been discontinued in February 2002. We'll leave it to the pundits to tell us what this means for investors, the deficit and the economy in general. For those of us who deal with predatory lending matters, the reintroduction of the 30-year bond will have an impact on high cost calculations beginning March 1, 2006.

California DOC Says YSPs NOT Included In Points and Fees Test

In a recently published release, the California Department of Corporations has concluded that under current law (specifically the decision in Wolski v. Fremont Investment & Loan (2004) 127 Cal. App. 4th 347), yield spread premiums are not part of points and fees under California's Covered Loan Law. We believe this is the first written statement by a California governmental agency regarding whether or not yield spread premiums are included as points and fees under California's Covered Loan Law.

To view a copy of the release, click here.

Investor Updates

This month DSI posts loan programs of Bear Stearns, EMC Mortgage Corporation, and Morgan Stanley on its Compliance page. Find out the description of each investor's loan programs, which promissory notes, prepayment riders and addenda are used, and what the rate caps and interest-only periods are for variable rate loans. Visit our Compliance page next month to see other investors' loan programs.

Interview with Don Iannitti, Part I

Customer Service Is Always # 1

Dominic ("Don") Iannitti, President and CEO of Document Systems, Inc. ("DSI"), could not emphasize enough that customer service is DSI's number 1 priority when I interviewed him recently to find out just how DSI got started. When I asked Don what his most successful achievement for DSI was, he responded:

"I think our most successful achievement is consistently providing superior customer service. Our goal is simple... complete customer satisfaction. Typically, companies say that but they don't accomplish it consistently. It's the companies that actually do, that do well and stand the test of time. That is the type of company we are and we are very proud of it."

We Need Your Feedback

Currently, the following verbiage appears above the borrowers' signature in Maryland's first-lien notes:

THIS LOAN TRANSACTION IS GOVERNED BY TITLE 12, SUBTITLE 10 OF THE COMMERCIAL LAW ARTICLE OF THE ANNOTATED CODE OF MARYLAND.

Beginning March 15, 2006, the above verbiage will appear on all second-lien notes where the loan is made for a personal, household or family purpose and secured by owner-occupied real property. The Legal/Compliance Department at Document Systems, Inc. has made this decision based on the fact that most knowledgeable lenders making loans in Maryland elect to originate loans under Subtitle 10 (the Closed End Credit Provisions) instead of the more restrictive Maryland Secondary Mortgage Loan Law, MD COML §§ 12-401 et seq.

At Your Service: New Enhancements for Manufactured Housing and Cooperatives

This month Document Systems, Inc. ("DSI") added new enhancements to DocMagic that will enable the user to add more details if "manufactured housing," "manufactured housing/PUD," or "cooperative" is selected as the property type under the Property tab within DocMagic.

Tech Tip of the Month: Networking DocMagic for Windows

Have you ever wondered why multiple computers in your office can run DocMagic but you do not have the ability to see each other's data? Well this month's Tech Tip covers just that. The default installation for DocMagic for Windows is stored locally on your hard drive. Once DocMagic has been installed, you cannot share any data amongst other DocMagic for Windows users on other machines. This may result in significant time loss across all users when entering brokers, alternate lenders, service providers, loan reps, etc., into the systems database and can be otherwise avoided if DocMagic is installed instead on a shared network drive.

New/Revised Documents - February 2006

In order to keep DocMagic software users better apprised of document changes and additions as they occur, DSI posts listings of all newly created and revised documents. Here is the list of forms created or modified in January, 2006.

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*This article is distributed to provide general information about the subject matter covered and should not be utilized as a substitute for professional advice in specific situations. If you require such advice, please consult with your own professional advisers.