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This is not legal advice for your situation*

March 2010

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Vol. 8, Issue 3 (Mar 2010)
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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


Industry-Related Announcements/Newsletters – March 2010

To view this month's list of announcements or newsletters related to our mortgage industry, please click here.

U.S. Treasury Yields - March 2010

The U.S. Treasury security yield values for March 2010 may be viewed online here.  The yield is determined as of the 15th day of the month immediately preceding the month in which the creditor receives the application.  The yield value is used for Section 32 and most state high-cost tests. These values will, therefore, be used for loan applications received by the creditor in April 2010.

New/Revised Documents - March 2010

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 February, 2010.

Investor Updates - March 2010

This month DSI posts updates to the loan program of GMAC Bank, Hyperion Capital Group, JPMorgan Chase Bank, N.A. (Correspondent), and Wells Fargo Bank to its Compliance page.  Find out the description of each investor's loan program, which promissory notes, prepayment riders and addenda are used, and what the rate caps and interest-only periods are for variable rate loans by visiting our Investor Updates page.

Treatment of Borrower Credits by Seller, Lender or Other Third Party on HUD-1

Among the many questions regarding the final RESPA Rules that DocMagic's Compliance and Customer Service Departments receive regularly is the question relating to the treatment of borrower credits from the seller, lender or other third party on the HUD-1 Statement.  According to the HUD-1 instructions contained in Appendix A of Reg. X, these borrower credits should be displayed in Lines 204-209 of the HUD-1 Statement, as shown below:

DocMagic Introduces New GFE Tab

After importing or entering fees and charges into DocMagic to process a predisclosure loan package, have you ever wished that you had the ability to view page 2 of the Good Faith Estimate (GFE) so that you could see how such fees/charges are aggregated into the various Blocks on the GFE without having to actually process a DocMagic predisclosure package and print the GFE?  Wish no more. . . DocMagic, Inc. is pleased to report that a new tab, titled "GFE," has been added recently to the DocMagic application.  This new GFE tab is a snapshot of page 2 of the GFE.  That is, the values that display in the "GFE" screen will mirror the values that populate onto the printed GFE.

Revised URLA (Rev. 06/09) Released into Production

On June 26, 2009, Fannie Mae announced revisions to the Uniform Residential Loan Application Form (Fannie Mae Form 1003/Freddie Mac Form 65) to accommodate new data elements required by the Federal Housing Finance Agency (FHFA), specifically the loan originator and loan origination company unique identifier numbers under the Nationwide Mortgage Licensing System and Registry.  Fannie Mae's Announcement 09-21 can be viewed here.  The revised Form 1003 was initially required to be used for loan applications taken on or after January 1, 2010; the required use date was subsequently delayed to July 1, 2010.  The revised Uniform Residential Loan Application Form (Fannie Mae Form 1003/Freddie Mac Form 65) can be viewed here.

At Your Service: HOPE for Homeowners Program

Update: FHA's HOPE for Homeowners (H4H) Program will be terminated. Click here for more information.

FHA's HOPE for Homeowners (H4H) documents are available in DocMagic.  The loan program in DocMagic is FHAH4H.  We've written an article here about the H4H program. 

The S.A.F.E. Act - Questions, Challenges and Coming Attractions

Written by Stephanie Ochoa*

About one year ago, I summarized in this article the requirements under the Secure and Fair Enforcement for Mortgage Licensing Act ("S.A.F.E. Act").  The S.A.F.E. Act was enacted under Title V of the Housing and Economic Recovery Act of 2008 (Public Law 110-289) ("HERA") and sets forth requirements for the licensing or registration of all loan originators by August, 2009 and the registration of mortgage loan originators by July, 2010.

Required Escrow Accounts for Higher-Priced Mortgage Loans

This article, originally published in March 2010, has been updated to reflect the separate mandatory escrow requirements for Jumbo Higher-Priced Mortgage Loans that became effective April 1, 2011.

In July 2008, the Federal Reserve Board issued an amendment to Regulation Z requiring lenders to establish escrow accounts for certain mortgage loans. Under these rules, which were effective for loan applications received on or after April 1, 2010, and for loans on manufactured housing beginning October 1, 2010, a creditor may not extend a loan secured by a first lien on a principal dwelling if the loan is also a higher-priced mortgage loan under Regulation Z Section 226.35 unless, prior to consummation, an escrow account is established for the payment of property taxes and mortgage-related insurance premiums required by the creditor, such as hazard insurance, liability insurance and mortgage insurance.  A creditor or servicer may permit the escrow account to be cancelled only pursuant to a consumer's dated written request received no earlier than 365 days after consummation.

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