◾ | “Compliance Review”: |
656 mortgage loans
|
◾ | “Data Integrity Review”: |
656 mortgage loans
|
◾ | “Payment History Review”: |
656 mortgage loans
|
a) |
Rescission (§1026.23):
|
i) |
failure to provide the right of rescission notice;
|
ii) |
failure to provide the right of rescission notice in a timely manner and to the correct consumer(s);
|
iii) |
errors in the right of rescission notice;
|
iv) |
failure to provide the correct form of right of rescission notice;
|
v) |
failure to provide the three (3) business day rescission period; and
|
vi) |
any material disclosure violation on a rescindable loan that gives rise to the right of rescission under TILA, which means the required disclosures of the annual percentage rate, the finance charge,
the amount financed, the total of payments, the payment schedule, the HOEPA disclosures;
|
b) |
TIL Disclosure (§§1026.17, 18 and 19) as applicable for loans with application dates prior to October 3, 2015:
|
i) |
review and comparison of the initial and final TIL disclosures, and any re-disclosed TIL(s);
|
ii) |
proper execution by all required parties;
|
iii) |
principal and interest calculations, and proper completion of the interest rate and payment summary; and
|
iv) |
timing of initial and re-disclosed TIL(s);
|
c) |
Tolerances (§§1026.18, 22 and 23):
|
i) |
inaccurate Annual Percentage Rate (APR) outside of applicable tolerance by comparing disclosed APR to re-calculated APR; and
|
ii) |
inaccurate Finance Charge outside of applicable tolerance by comparing disclosed Finance Charge to re-calculated Finance Charge;
|
d) |
High-cost Mortgage (§§1026.31, 32 and 33):
|
i) |
points and fees threshold test;
|
ii) |
APR threshold test;
|
iii) |
prepayment penalty test; and
|
iv) |
compliance with the disclosure requirements, limitation on terms and prohibited acts or practices in connection with a high-cost mortgage;
|
e) |
Higher-priced Mortgage Loan (§1026.35):
|
i) |
APR threshold test; and
|
ii) |
compliance with the escrow account and appraisal requirements;
|
a) |
Good Faith Estimate (GFE) (§1024.7) as applicable for loans with application dates prior to October 3, 2015:
|
i) |
confirm the presence of the current GFE form in effect at the time of origination;
|
ii) |
verify GFE was provided to the borrower(s) within three (3) business days of application;
|
iii) |
verify all sections of the GFE were accurately completed and that information was reflected in the appropriate locations;
|
iv) |
determine whether a valid and properly documented changed circumstance accompanies any changes to loan terms and/or fees on any revised GFEs over the applicable tolerance(s); and
|
v) |
confirm the presence of a settlement service provider list, as applicable.
|
b) |
Final HUD-1/A Settlement Statement (HUD) (§1024.8) as applicable for loans with application dates prior to October 3, 2015:
|
i) |
confirm current applicable HUD form was provided;
|
ii) |
determination that the loan file contains the final HUD;
|
iii) |
escrow deposit on the final HUD matches the initial escrow statement amount; and
|
iv) |
verify all sections of the final HUD were accurately completed and that information was reflected in the appropriate locations.
|
c) |
GFE and Final HUD Comparison (§1024.7) as applicable for loans with application dates prior to October 3, 2015:
|
i) |
review changes disclosed on the last GFE provided to the borrower(s) to determine that such changes were within the allowed tolerances;
|
ii) |
confirm loan terms and fees disclosed on the third page of the final HUD accurately reflect how such items were disclosed on the referenced GFE, page 2 of the final HUD and loan documents; and
|
iii) |
review any documented cure of a tolerance violation to determine that the proper reimbursement was made and a revised HUD was provided at or within 30 days of settlement.
|
d) |
Additional RESPA/Regulation X Disclosures and Requirements (§1024.6, 15, 17, 20, and 33):
|
i) |
confirm the presence of the Servicing Disclosure Statement form in the loan file;
|
ii) |
verify the Servicing Disclosure Statement was provided to the borrower(s) within three (3) business days of application;
|
iii) |
confirm the presence of the Special Information Booklet in the loan file or that the loan file contains documentary evidence that the disclosure was provided to the borrower;
|
iv) |
confirm the Special Information Booklet was provided within three (3) business days of application;
|
v) |
confirm the presence of the Affiliated Business Arrangement Disclosure in the loan file in the event the lender has affiliated business arrangements;
|
vi) |
confirm the Affiliated Business Arrangement Disclosure was provided no later than three (3) business days of application;
|
vii) |
confirm the Affiliated Business Arrangement Disclosure is executed; and
|
viii) |
confirm the presence of the Initial Escrow Disclosure Statement in the loan file and proper timing.
|
◾ |
Initial application (1003);
|
◾ |
Final application (1003);
|
◾ |
Note;
|
◾ |
Appraisal;
|
◾ |
Sales contract;
|
◾ |
Title/Preliminary Title;
|
◾ |
Initial TIL;
|
◾ |
Final TIL;
|
◾ |
Final HUD-1;
|
◾ |
Initial and final GFE’s;
|
◾ |
Right of Rescission Disclosure;
|
◾ |
Mortgage/Deed of Trust;
|
◾ |
Mortgage Insurance;
|
◾ |
Tangible Net Benefit Disclosure;
|
◾ |
FACTA disclosures; and
|
◾ |
Certain other disclosures related to the enumerated tests set forth herein.
|
a) |
With respect to brokered loans, the Prohibitions and Restrictions related to Loan Originator Compensation and Steering (§1026.36):
|
i) |
review relevant documentation to determine if compensation to a Loan Originator was based on a term of the transaction;
|
ii) |
review relevant document to determine if there was dual compensation; and
|
iii) |
review the presence of the loan option disclosure and to determine if the Steering Safe Harbor provisions were satisfied.
|
(1) |
Note: Where available, AMC reviewed the relevant documents in the loan file and, as necessary, attempted to obtain the loan originator compensation agreement and/or governing policies and procedures of
the loan originator. In the absence of the loan originator compensation agreement and/or governing policies and procedures, AMC’s review was limited to formal general statements of entity compliance provided by the loan originator, if any.
These statements, for example, were in the form of a letter signed by the seller correspondent/loan originator or representations in the mortgage loan purchase agreement between the Client and seller correspondent;
|
b) |
Homeownership counseling (§1026.36):
|
i) |
determine if the creditor obtained proof of homeownership counseling in connection with a loan to a first time homebuyer that contains a negative amortization feature;
|
c) |
Mandatory Arbitration Clauses (§1026.36):
|
i) |
determine if the terms of the loan require arbitration or any other non-judicial procedure to resolve any controversy or settle any claims arising out of the transaction;
|
d) |
Prohibition on Financing Credit Insurance (§1026.36):
|
i) |
determine if the creditor financed, directly or indirectly, any premiums or fees for credit insurance; and
|
e) |
Nationwide Mortgage Licensing System (NMLS) & Registry ID on Loan Documents (§1026.36):
|
i) |
review for presence of loan originator organization, individual loan originator name and NMLSR ID, as applicable, on the credit application, note or loan contract, security instrument, Loan Estimate
and Closing Disclosure; and
|
ii) |
verify the data against the NMLSR database, as available.
|
a) |
Additional RESPA/Regulation X Disclosures and Requirements (§1024.6, 15, 17, 20, and 33):
|
i) |
confirm that the creditor provided the borrower a list of homeownership counseling organizations within three (3) business days of application; and
|
ii) |
confirm that the list of homeownership counseling organizations was obtained no earlier than 30 days prior to when the list was provided to the loan applicant.
|
a) |
The general Ability to Repay (ATR) underwriting standards (12 C.F.R. 1026.43(c));
|
b) |
Refinancing of non-standard mortgages (12 C.F.R. 1026.43(d));
|
c) |
Qualified Mortgages (QM) (12 C.F.R. 1026.43(e) (including qualified mortgages as separately defined by the Department of Housing and Urban Development (24 C.F.R. 201 and 203 et seq.), and the
Department of Veterans Affairs (38 C.F.R. Part 36 et seq.); and
|
d) |
Balloon-payment qualified mortgages made by certain creditors (12 C.F.R. 1026.43(f)).
|
a) |
Providing Appraisals and Other Valuations (12 C.F.R. 1002.14):
|
i) |
timing and content of the right to receive copy of appraisal disclosure;
|
ii) |
charging of a fee for a copy of the appraisal or other written valuation;
|
iii) |
timing of creditor providing a copy of each appraisal or other written valuation;
|
iv) |
with respect to a borrower that has waived the three (3) business day disclosure requirement, confirm that the borrower has signed the waiver or other acknowledgment at least three (3) business days
prior to consummation and (2) confirm that the lender has provided copies of appraisals and other written valuations at or prior to consummation.
|
a) |
Loan Estimate (LE) (§§1026.19 and 37):
|
i) |
confirm the presence of LE for applications on or after October 3, 2015;
|
ii) |
confirm the initial LE date indicates it was delivered or placed in the mail within three (3) business days of application;
|
iii) |
confirm that certain sections of each LE determined to carry assignee liability were accurately completed and that information was reflected in the appropriate locations, which, in certain instances,
was based solely on the information disclosed on the LE;
|
iv) |
confirm the initial LE was delivered or placed in the mail not later than seven (7) business days prior to consummation of the transaction or such period was waived due to a bona fide financial
emergency;
|
v) |
confirm that any written estimate of terms or costs provided prior to receipt of a LE contained the required disclosures;
|
vi) |
confirm that each revised LE is accompanied by valid written documentation explaining the reason for re-disclosure to allow for fee increases based on a valid change of circumstance and was timely
provided within 3 business days of issuance;
|
vii) |
confirm the presence and timely provision of a settlement service provider list (when consumer is given the opportunity to shop for services);
|
viii) |
confirm borrower received LE not later than four (4) business days prior to consummation; and
|
ix) |
confirm LE was not provided to the borrower on or after the date of the CD.
|
b) |
Closing Disclosure (CD) (§§1026.19 and 38):
|
i) |
confirm the presence of CD for applications on or after October 3, 2015;
|
ii) |
confirm the borrower received CD at least three (3) business days prior to consummation or that such period was waived due to a bona fide financial emergency;
|
iii) |
confirm that certain sections of each CD determined to carry assignee liability were accurately completed and that information was reflected in the appropriate locations, which, in certain instances,
was based solely on the information disclosed on the CD;
|
iv) |
confirm that a revised CD was received in a timely manner if the initial or any revised CD became inaccurate;
|
v) |
identify tolerance violations based on the charges disclosed on the initial and interim LE’s, initial CD, and reflected on the final CD;
|
vi) |
with respect to tolerance violations based on the disclosed charges on the LE and CD, confirm that the creditor cured the violations no later than 60 days after consummation or within 60 days of
discovery; and
|
vii) |
with respect to applicable exception remediation measures for numerical exceptions, confirm that a letter of explanation, as well as a refund as applicable, was delivered or placed in the mail no later
than 60 days after discovery of the exception establishing the need for a revised CD or with respect to exception remediation measures for non-numerical exceptions and that a corrected CD was delivered or placed in the mail no later than 60
days after consummation. (In an attempt to establish a best practices approach to pre-securitization due diligence, as it applies to TILA RESPA Integrated Disclosure testing, the Structured Finance Industry Group (“SFIG”) has a working group
that consists of industry participants including third party review providers and law firms who agreed to a standardized approach to remediation considerations. This approach is intended to be based on a reasoned legal analysis that expressly
assumes that courts will interpret TRID in accordance with the principals of liability set forth in the letter to the MBA from Richard Cordray, the Director of the CFPB. No assurances can be provided that the courts in question will interpret
TRID in accordance with the SFIG Compliance Review Scope.)
|
c) |
Your Home Loan Toolkit (§1026.19):
|
i) |
confirm the presence of Your Home Loan Toolkit in the mortgage loan file or that the mortgage loan file contains documentary evidence that the disclosure was provided to the borrower; and
|
ii) |
confirm Your Home Loan Toolkit was delivered or placed in the mail not later than three (3) business days after receipt of application.
|
◾ |
Loan Estimates;
|
◾ |
Closing Disclosures; and
|
◾ |
Certain other disclosures related to the enumerated tests set forth herein.
|
Fitch & Moody’s Loan Grades
|
||
Compliance Grade
|
Loan Count
|
% of Loans
|
A
|
46
|
7.01%
|
B
|
470
|
71.65%
|
C
|
119
|
18.14%
|
D
|
21
|
3.20%
|
Total
|
656
|
100.00%
|
DBRS Loan Grades
|
||
Compliance Grade
|
Loan Count
|
% of Loans
|
A
|
46
|
7.01%
|
B
|
476
|
72.56%
|
C
|
113
|
17.23%
|
D
|
21
|
3.20%
|
Total
|
656
|
100.00%
|
Exception Type
|
Fitch & Moody’s Final Exception Rating
|
Exception Category
|
Total Exceptions
|
Compliance
|
D
|
Missing, Incorrect, or Incomplete HUD-1
|
17
|
Missing, Incorrect, or Incomplete Note
|
3
|
||
Incomplete File
|
1
|
||
Total Compliance Grade (D) Exceptions:
|
21
|
||
C
|
ATR/QM Defect
|
343
|
|
TILA
|
7
|
||
TRID Defect
|
2
|
||
Compliance
|
1
|
||
Total Compliance Grade (C) Exceptions:
|
353
|
||
B
|
TILA
|
568
|
|
TRID Defect
|
553
|
||
RESPA
|
438
|
||
ECOA
|
375
|
||
TIL-MDIA
|
267
|
Safe Act
|
218
|
||
Missing, Incorrect, or Incomplete Final or Initial 1003
|
124
|
||
ATR/QM
|
68
|
||
ATR/QM Defect
|
65
|
||
Missing Application Date
|
64
|
||
TILA Right-to-Cancel Missing, Incorrect, Incomplete and/or provided on the wrong form
|
54
|
||
FACTA
|
53
|
||
Missing, Incorrect, or Incomplete GFE
|
36
|
||
Missing Required Data
|
17
|
||
Missing Non-Required Data
|
15
|
||
Missing Disclosure
|
12
|
||
Missing Required Data (other than HUD-1 or Note)
|
7
|
||
TRID
|
7
|
||
Missing, Incorrect, or Incomplete Final TIL
|
6
|
||
LTV Test
|
3
|
||
Federal HPML
|
2
|
||
State Defect
|
1
|
||
GSE
|
1
|
||
Misc. State Level
|
1
|
||
Total Compliance Grade (B) Exceptions:
|
2,955
|
||
Total Compliance Exceptions:
|
3,329
|
Exception Type
|
DBRS Final Exception Rating
|
Exception Category
|
Total Exceptions
|
Compliance
|
D
|
Missing, Incorrect, or Incomplete HUD-1
|
17
|
Missing, Incorrect, or Incomplete Note
|
3
|
||
Incomplete File
|
1
|
||
Total Compliance Grade (D) Exceptions:
|
21
|
||
C
|
ATR/QM Defect
|
233
|
|
TILA
|
7
|
||
TRID Defect
|
2
|
||
Compliance
|
1
|
||
Total Compliance Grade (C) Exceptions:
|
243
|
||
B
|
TILA
|
568
|
|
TRID Defect
|
553
|
||
RESPA
|
438
|
||
ECOA
|
375
|
||
TIL-MDIA
|
267
|
||
Safe Act
|
218
|
||
ATR/QM Defect
|
162
|
||
Missing, Incorrect, or Incomplete Final or Initial 1003
|
124
|
ATR/QM
|
68
|
||
Missing Application Date
|
64
|
||
TILA Right-to-Cancel Missing, Incorrect, Incomplete and/or provided on the wrong form
|
54
|
||
FACTA
|
53
|
||
Missing, Incorrect, or Incomplete GFE
|
36
|
||
Missing Required Data
|
17
|
||
Missing Non-Required Data
|
15
|
||
Missing Disclosure
|
12
|
||
Missing Required Data (other than HUD-1 or Note)
|
7
|
||
TRID
|
7
|
||
Missing, Incorrect, or Incomplete Final TIL
|
6
|
||
LTV Test
|
3
|
||
Federal HPML
|
2
|
||
State Defect
|
1
|
||
GSE
|
1
|
||
Misc. State Level
|
1
|
||
Total Compliance Grade (B) Exceptions:
|
3,052
|
||
Total Compliance Exceptions:
|
3,316
|
Exception Category
|
Final Exception Rating
|
Total Exceptions
|
Total Loans
|
% of Loans
|
ATR Related Exception
|
C
|
200
|
56
|
8.54%
|
QM Related Exception
|
C
|
143
|
55
|
8.38%
|
Missing or Incomplete Final HUD-1
|
D
|
17
|
17
|
2.59%
|
TILA Defect (Loans are Seasoned beyond Three (3) Years)
|
C
|
7
|
7
|
1.07%
|
Missing, Incorrect, or Incomplete Note
|
D
|
3
|
3
|
0.46%
|
TRID Exception
|
C
|
2
|
1
|
0.15%
|
Incomplete File
|
D
|
1
|
1
|
0.15%
|
Compliance Defect (Incorrect Signature Date on the Closing Disclosure)
|
C
|
1
|
1
|
0.15%
|
ATR/QM Designation
|
Loan Count
|
% of Loans
|
Non-QM
|
267
|
40.70%
|
Exempt – Pre-date January 10, 2014
|
141
|
21.49%
|
QM – Safe Harbor
|
126
|
19.21%
|
Exempt – Investor Loans
|
65
|
9.91%
|
ATR - Fail
|
31
|
4.73%
|
ATR - Risk
|
26
|
3.96%
|
Total
|
656
|
100.00%
|
Exception Category
|
Final Exception Rating
|
Total Exceptions
|
Total Loans
|
Income and/or Asset Documentation Missing from File
|
C
|
58
|
25
|
Originator ATR/QM Designation Mismatch
|
C
|
56
|
56
|
Employment Status or Verification Missing from File
|
C
|
52
|
30
|
Slight DTI Exception (<5 Percentage Points)
|
C
|
25
|
17
|
Excessive DTI due to Guideline Interpretation of the Qualifying Income Documents & Calculations
|
C
|
4
|
2
|
Excessive DTI Exception (>5 Percentage Points but <10 Percentage Points)
|
C
|
2
|
1
|
FICO Related Exception
|
C
|
2
|
1
|
Income Related Exception
|
C
|
1
|
1
|
Incomplete File
|
D
|
1
|
1
|
Label
|
Delta(s)
|
% of Loans
|
Note Date
|
581
|
88.57%
|
Original P&I
|
228
|
34.76%
|
Amortization Term
|
165
|
25.15%
|
Property Type
|
93
|
14.18%
|
Refi Purpose
|
62
|
9.45%
|
Original Interest Rate
|
40
|
6.10%
|
LTV Valuation Value
|
36
|
5.49%
|
Original LTV
|
27
|
4.12%
|
# of Units
|
18
|
2.74%
|
Zip
|
9
|
1.37%
|
Purpose
|
3
|
0.46%
|
Balloon Flag
|
2
|
0.30%
|
First Payment Date
|
1
|
0.15%
|
Original Loan Amount
|
1
|
0.15%
|
Total
|
1,266
|
Delinquency During Lookback
|
Loan Count
|
% of Loans
|
No Delinquency, Full History
|
632
|
96.34%
|
No Delinquency, Missing Data
|
0
|
0.00%
|
Delinquency, Full History
|
24
|
3.66%
|
Delinquency, Missing Data
|
0
|
0.00%
|
Total
|
656
|
100.00 %
|
Lookback Period
|
Loan Count
|
% of Loans
|
Twenty-Four (24) Months
|
656
|
100.00%
|
Total
|
656
|
100.00%
|
Amortization Type
|
Loan Count
|
% of Loans
|
Fixed
|
184
|
28.05%
|
Adjustable
|
472
|
71.95%
|
Total
|
656
|
100.00%
|
Lien Position
|
Loan Count
|
% of Loans
|
1
|
656
|
100.00%
|
Total
|
656
|
100.00%
|
Loan Purpose
|
Loan Count
|
% of Loans
|
Cash Out: Debt Consolidation
|
53
|
8.08%
|
Cash Out: Home Improvement/Renovation
|
26
|
3.96%
|
Cash Out: Other/Multi-purpose/Unknown Purpose
|
145
|
22.10%
|
Limited Cash-Out
|
2
|
0.30%
|
First Time Home Purchase
|
53
|
8.08%
|
Other-than-first-time Home Purchase
|
177
|
26.98%
|
Rate/Term Refinance - Lender Initiated
|
1
|
0.15%
|
Rate/Term Refinance - Borrower Initiated
|
195
|
29.73%
|
Unavailable
|
4
|
0.61%
|
Total
|
656
|
100.00%
|
Original Term
|
Loan Count
|
% of Loans
|
0-120 Months
|
1
|
0.15%
|
121-180 Months
|
19
|
2.90%
|
181-240 Months
|
1
|
0.15%
|
241-360 Months
|
537
|
81.86%
|
361+ Months
|
98
|
14.94%
|
Total
|
656
|
100.00%
|
Property Type
|
Loan Count
|
% of Loans
|
Single Family Detached
|
383
|
58.38%
|
Condo, Low Rise
|
75
|
11.43%
|
Condo, High Rise
|
11
|
1.68%
|
PUD
|
109
|
16.62%
|
Townhouse
|
2
|
0.30%
|
Single-wide Manufactured Housing
|
3
|
0.46%
|
1 Family Attached
|
4
|
0.61%
|
2 Family
|
30
|
4.57%
|
3 Family
|
11
|
1.68%
|
4 Family
|
11
|
1.68%
|
Unavailable
|
17
|
2.59%
|
Total
|
656
|
100.00%
|
Occupancy
|
Loan Count
|
% of Loans
|
Primary
|
535
|
81.55%
|
Investment
|
99
|
15.09%
|
Second Home
|
21
|
3.20%
|
Unknown
|
1
|
0.15%
|
Total
|
656
|
100.00%
|