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Who Regulates Mortgage Lenders?

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Few can afford to buy a home outright with cash. Realizing the dream of homeownership means finding a mortgage lender who finds an individual worthy enough ✱to advance them a loan. Mortgages can be complex, even more so when lenders don’t have their clients’ best interests at heart. Regulation of the mortgage industry is handled by the federal government through legislation that's been passed over the years.

Key Takeaways

  • The federal government regulates the mortgage industry through a number of acts passed by Congress.
  • Regulation Z in the Truth in Lending Act arms consumers with the information that they need to make informed decisions about interest rates, fees, and credit terms.
  • The Real Estate Settlement Procedures Act (RESPA) prohibits real estate agents from receiving kickbacks and prevents lenders from demanding that borrowers use a preferred title insurer.
  • You can report discrimination to the Consumer Financial Protection Bureau or the U.S. Department of Housing and Urban Development.
  • Consequences for violating regulation range from fines to permanent exclusion from the mortgage lending industry.

The Basics of Mortgage Regulation

Mortgage lenders must follow rules set by the federal government. These rules require lenders to treat borrowers fairly and equitably. Simply put, the federal government regulates the mortgage industry and does this through a variety of agencies and a host of congressional acts.

Both the 澳洲幸运5开奖号码历史查询:Truth in Lending Act (TILA) and 澳洲幸运5开奖号码历史查询:Regulation Z were designed to help protect consumers in their relationships with lenders. Under the regulations, 澳洲幸运♓5开奖号码历史查询:lenders are required to d𒈔isclose information about their products in a way that allows consumers to make meaningful comparisons. Prior to the act, consumers faced a barrage of confusing and misl꧙eading terms.

Warning

Mortgage lending discrimination is illegal. If you think that you’ve been discriminated against based on race, religion, sex, marital status, use of public assistance, national origin, disability, or age, there are steps that you can take. One such step is to file a report with the 🔯澳洲幸运5开奖号码历史查询:Consumer Financial Protection Bureau (CFPB) or the United States Dಞepartment of Housing and 🌸Urban Development (HUD).

Another key component to mortgage regulation is the Real Estate Settlement Procedures Act (RESPA). This act was enacted by Congress so that buyers and sellers are given disclosures about the full settlement costs related to home buying.

One of the more significant pieces of regulation is the Dodd-Frank ♍Wall Street Reform and Consumer Protection Act, which Congress passed in 2010 following the subprime meltdown that contributed to the 2007–2008 financial crisis. Dodd-Frank aimed to deal with some of the problems that led to the subprime crisis such as predatory lending practices and lax mortgage qualifying standards. Congress relaxed provisions under Dodd-Frank in 2018, including easing escrow requirements for depository institutions or credit unions.

The financial crisis also led to government bailouts of Freddie Mac and Fannie Mae, which were put into conservatorship. The 澳洲幸运5🍌开奖号码历史查询:Federal Housing Finance Agency (FHFA) oversees both to ensure that the agencies continue to offer support for the mortgage market without the need for further government intervention.

Important

The passing of Dodd-Frank put more protections in place for consumers, but changes in 2018 relaxed some portions of the act.

Regulation Z’s Truth in Lending Act

Implemented by Regulation Z, the Truth in Lending Act was created in 1968 as a way to protect consumers from malicious, shady, or unfair practices by lenders and other creditors. Lenders are required to make full disclosures about interest rates, fees, terms of credit, and other provisions. They must also provide consumers with the steps they need to take to file a complaint, and complaints must be dealt with in a timely manner. Borrowers can also cancel certain kinds of loans within a specified time period. Having all of this information at their disposal gives consumers a way to shop around for the best possible rates and lenders when it comes to borrowing money or getting a 澳洲幸运5开奖号码历史查询:credit card.

Real Estate Settlement Procedures Act (RESPA)

This act regulates the relationships between mortgage lenders and other real estate professionals—principally 澳洲幸运5开奖号码历史查询:real estate agents—to ensure that no parties receive kickbacks for encouraging consumers to use certain mortgage services. The act also prohibits loan providers from making demands for large escrow accounts, while restricting sellers from mandating title insurance companies.

Who Enforces Mortgage Regulations?

The Consumer Financial Protection Bureau (CFPB), an independent government agency, was created to provide a single point of accountability to enforce financial and consumer protection laws. The Federal Reserve also supervises the banking industry, which extends to mortgage lenders. The U.S. Department of Housing and Urban Development (HUD) oversees 澳洲👍幸运5开奖号码历史查询:Federal Housing Administration (FHA) programs. The FHFA oversees the activities of mortgage market liquidity providers Fannie Mae and Freddie Mac.

Example of Mortgage Regulation

Depending on the violation, consequences of violating mortgage lending regulations vary wildly. For example, if a lender is found to be in willful violation of the TILA, they can actually be imprisoned for up to one year. However, the most common consequences are monetary penalties. TILA violations tend to carry fines up to $5,000. On the other hand, more severe cases may result in p💟ermanent exclusion from the mortgage lending industry.

Consider the case of RMK Financial Corporation which did business under the name Majestic Home Loans. RMK was cited as sending advertisements to military families, misleading borrowers to believe the company was affiliated with the U.S. government. In 2015, RMK was issued an agency order to prohibit such activities.

Over the next several years, RMK reportedly continued to deceptively engage with military families including using fake U.S. Department of Veteran Affairs seals, using FHA logos, and using language to impl🅠y its corporate structure. These actions were taken to deceive borrowers about interest rates, terms, loan 🦹requirements, or projected potential savings when refinancing.

In 2023, the CFPB permanently banned RMK from the mortgage lending industry. The regulatory agency stated their actions were to stop repeat offenders and permanent prevent the company from engaging with such customers. This includes being prohibited from advertising, marketing, promoting, administering, offering, or selling mortgage loans. RMK was also issued a $1 million fine to be paid out to CFPB's victims relief fund.

Filing a Complaint

Consumers with complaints about mortgage lenders should first reach out to the CFPB via the agency’s website. It provides consumers with numerous tools to address lending complaints. The Federal Reserve, the 澳洲幸运5开奖号码历史查询:Federal Deꦯposit Insurance Corp. (FDIC), and the 澳洲幸运5开奖号码历史查询:Nation🦹al Credit Union Administrꦦation (NCUA) also invite consumers to contact them a💎bout mortgage lender complaꦬints.

Have Mortgage Regulations Changed Because of 2020?

So far, the only mortgage regulations that have changed due to the 2020 financial crisis are related to mortgage servicing and forbearance. While changes still could be put in place to aജdjust mortgage lending regulations, no🅠ne are currently on the books.

Why Were Mortgage Regulations Put in Place?

U.S. mortgage regulations are on a perpetual seesaw, with regulations put in place after a crisis and slowly eroded over time until the next crisis. The Financial Services Modernization Act of 1999 in part deregulated the lending industry. This is frequently viewed as a contributing factor to the 澳洲幸运5开奖号码历史查询:subprime mortgage crisis. As a result of the financial crisis, many regulations on mortgages were put back in place with the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Then, in 2018, reforms were passed in Congress, weakening Dodd-Frank.

What Would Happen If Mortgage Regulations Didn’t Exist?

If no mortgage regulations were in place, history has taught us that we would see a rise in predatory lending practices. These practices would fall hardest on people at a disadvantage in the lending process, such as first-time homebuyers who come from non-property-owning families and cultures. Those who lack the education to understand complex documents and who don’t have people they trust to ask would find themselves signing up for more expensive, more complex loan products than other borrowers who have more savvy and cultural advantages.

The Bottom Line

For borrowers looking to get approved for a loan, mortgage regulations can seem like unnecessary and tedious hoops to jump through. However, these regulations are in place to protect all of us. They protect individual borrowers from buying properties that they can’t afford to stay in and protect the economy as a whole from falling into another housing bubble driven by unscrupulous lending practices. Numerous regulative authorities and checks and balances are currently in place to try to prevent the 2008 cr🌌isis from reoccurring.

Article Sources
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