
|
Review
|
Reviewed Total
|
% of Final Securitization Population
|
|
Credit Population
|
3
|
100%
|
|
Compliance Population
|
3
|
100%
|
|
Valuation Population
|
3
|
100%
|
|
Data Integrity Population
|
3
|
100%
|
|
CREDIT REVIEW
|
| • |
Assessed whether the characteristics of the mortgage loans and the borrowers conformed to
the Guidelines cited above;
|
| • |
Analyzed asset statements to determine whether funds to close and reserves were within the
Guidelines;
|
|
COMPLIANCE REVIEW
|
|
PROPERTY VALUATION REVIEW
|
|
DATA INTEGRITY REVIEW
|
|
INITIAL RA GRADES - OVERALL
|
FINAL RA GRADES - OVERALL
|
|||||||
|
NRSRO Grade
|
Fitch
|
Kroll
|
%
|
NRSRO Grade
|
Fitch
|
Kroll
|
%
|
|
|
A
|
1
|
1
|
33.33%
|
A
|
3
|
3
|
100.00%
|
|
|
B
|
0
|
0
|
0.00%
|
B
|
0
|
0
|
0.00%
|
|
|
C
|
1
|
1
|
33.33%
|
C
|
0
|
0
|
0.00%
|
|
|
D
|
1
|
1
|
33.33%
|
D
|
0
|
0
|
0.00%
|
|
|
FINAL RA GRADES - COMPLIANCE
|
FINAL RA GRADES - CREDIT
|
|||||||
|
NRSRO Grade
|
Fitch
|
Kroll
|
%
|
NRSRO Grade
|
Fitch
|
Kroll
|
%
|
|
|
A
|
3
|
3
|
100.00%
|
A
|
3
|
3
|
100.00%
|
|
|
B
|
0
|
0
|
0.00%
|
B
|
0
|
0
|
0.00%
|
|
|
C
|
0
|
0
|
0.00%
|
C
|
0
|
0
|
0.00%
|
|
|
D
|
0
|
0
|
0.00%
|
D
|
0
|
0
|
0.00%
|
|
|
FINAL RA GRADES - PROPERTY
|
||||
|
NRSRO Grade
|
Fitch
|
Kroll
|
%
|
|
|
A
|
3
|
3
|
100.00%
|
|
|
B
|
0
|
0
|
0.00%
|
|
|
C
|
0
|
0
|
0.00%
|
|
|
D
|
0
|
0
|
0.00%
|
|
| 1. |
The application is signed by all listed borrowers;
|
| 2. |
The application is substantially filled out; and
|
| 3. |
All known borrower-owned properties are disclosed on the Real Estate Owned section.
|
| 1. |
A credit report and/or other credit history documentation is present for each borrower;
|
| 2. |
Capture the monthly consumer debt payments for use in the debt to income and/or residual income calculation, as applicable;
|
| 3. | Note the Real Estate Owned and fraud alerts; and |
| 4. |
Gather data required for ASF Report submission which may include:
|
| a) |
Most recent FICO Score (scores from Equifax, Experian, and Transunion if available)
|
| b) |
Most recent FICO date
|
| c) |
Longest Trade Line
|
| d) |
Maximum Trade Line
|
| e) |
Number of trade lines
|
| f) |
Credit Usage Ratio
|
| 1. |
Verbal or Written VOE’s
|
| 2. |
Pay stubs
|
| 3. |
W-2 forms
|
| 4. |
Tax returns
|
| 5. |
Financial statements
|
| 6. |
Award letters
|
| 7. |
Bank statements
|
| 1. |
VOD’s
|
| 2. |
Depository account statements
|
| 3. |
Stock or security account statements
|
| 4. |
Gift funds
|
| 5. |
Settlement statement or other evidence of conveyance and transfer of funds if a sale of assets was involved
|
| 1. |
Verify that the hazard insurance meets the minimum required amount of coverage in the guidelines;
|
| 2. |
For condominium properties, confirm that the blanket policy meets the minimum amount of coverage;
|
| 3. |
Confirm that the flood cert is for the correct borrower, property, lender and loan number and is a “Life of Loan” certification;
|
| 4. |
For properties is in a flood zone per the flood cert, confirm that flood insurance in the file meets the minimum required amount of coverage and meets guideline requirements;
|
| 5. |
Confirm that the mortgagee clause lists the lender’s name and “its successors and assigns”; and
|
| 6. |
Confirm that the premium amount on both the hazard and flood insurance match what was used in the DTI calculations.
|
| 1. |
Reviewed for any name variations for the borrowers and confirm that the variations have been addressed in the loan file;
|
| 2. |
Reviewed for any social security number variations for the borrowers and confirm that the variations have been addressed in the loan file;
|
| 3. |
Reviewed for any potential occupancy issues based on the borrowers’ address history and confirm that any issues have been addressed in the loan file;
|
| 4. |
Reviewed for any employment issues and confirm that any issues have been addressed in the loan file;
|
| 5. |
Reviewed for any additional consumers associated with the borrowers’ profiles and confirm the materiality and material issues have been addressed in the loan file; and
|
| 6. |
Addressed all red flag issues.
|
| 1. |
A review of the completeness and accuracy of the information obtained in the mortgage origination process;
|
| 2. |
A review of closing documents to ensure that the mortgage file information is complete, accurate, and consistent with other documents in the mortgage file;
|
| 3. |
Selene will review the mortgage file documents to determine that the mortgage was properly underwritten;
|
| 4. |
Verification that the DTI, LTV, asset reserves, property type, transaction type (maximum loan amount, loan purpose, occupancy, etc.), and FICO scores meet or exceed the guideline requirements;
|
| 5. |
Verification that all borrowers are eligible based on the guidelines and information in the loan file; and
|
| 6. |
Verify there is appropriate documentation present to confirm that applicable documents have been recorded or have been sent for recording.
|
| 1. |
Federal Truth in Lending Act (“TILA”), as implemented by Regulation Z, 12 C.F.R. Part 1026, as set forth below:
|
|
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;
|
||
|
vi)
|
any material disclosure violation on a rescindable mortgage 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, or those related to prepayment penalties on covered transactions; and
|
||
|
vii)
|
with respect to applicable exception remediation measures, confirm that a letter of explanation, a refund if applicable, new corrected material disclosures and a new notice of right to cancel was provided.
|
||
|
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.
|
||
|
f)
|
With respect to brokered mortgage 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 mortgage loan option disclosure and to determine if the Steering Safe Harbor provisions were satisfied.
|
||
|
g)
|
Homeownership counseling (§1026.36):
|
||
|
i)
|
determine if the creditor obtained proof of homeownership counseling in connection with a mortgage loan to a first-time homebuyer that contains a negative amortization feature.
|
||
|
h)
|
Prohibition on Financing Credit Insurance (§1026.36):
|
||
|
i)
|
determine if the creditor financed, directly or indirectly, any premiums or fees for credit insurance.
|
||
|
i)
|
Nationwide Mortgage Licensing System (NMLS) & Registry ID on Loan Documents (§1026.36):
|
||
|
j)
|
review for presence of mortgage loan originator organization and individual mortgage loan originator name and NMLSR ID, as applicable, on the credit application,
note or mortgage loan contract, security instrument, Loan Estimate and Closing Disclosure; and (ii) verify the data against the NMLSR database, as available.
|
||
| 2. |
Sections 1098 and 1100A of Dodd-Frank amending TILA and RESPA, as implemented by Regulation Z, 12 C.F.R. Part 1026, as set forth below (applicable only for mortgage loans with application
dates on or after October 3, 2015):
|
|
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 completed and that information was reflected in the appropriate locations, which 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 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;
|
||||
|
vi)
|
confirm borrower received LE not later than four (4) business days prior to consummation; and
|
||||
|
vii)
|
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; and
|
||||
|
vi)
|
with respect to tolerance violations based on the disclosed charges on the LE and CD and other applicable exceptions, confirm that the creditor cured or
remediated the violations in accordance with the Structured Finance Association TRID 3.0, as may be updated from time to time.
|
| 3. |
Sections 1411 and 1412 of the Dodd-Frank Wall Street Reform and Consumer Protection Act amending TILA, as implemented by Regulation Z, 12 C.F.R. 1026.43, as set forth below:
|
| 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)); and
|
| c) |
Balloon-payment qualified mortgages made by certain creditors (12 C.F.R. 1026.43(f)).
|
| 4. |
The disclosure requirements and prohibitions of Section 50(a)(6), Article XVI of the Texas Constitution.
|
| 5. |
Federal and state specific high-cost provisions, as further enumerated in Schedule 1, attached hereto.
|
| 1. |
AL Consumer Credit License- Mortgage Broker License
|
| 2. |
AK Small Loan Act-Mortgage Broker/Lender License-Mortgage Lending Regulation License
Registered Depository Institution Registration |
| 3. |
AR Home Loan Protection Act
|
| 4. |
AZ Mortgage Banker & Broker License-Consumer Lender License
|
| 5. |
CA AB 489/344 (Division 1.6 of the Financial Code)
|
| 6. |
CO Consumer Equity Protection Article
|
| 7. |
CO Consumer Credit Code
|
| 8. |
DE Licensed Lender License Broker License Lender License
|
| 9. |
Washington, DC Home Loan Protection Act of 2002
|
| 10. |
Washington, DC Mortgage Disclosure Act of 2007
|
| 11. |
FL Fair Lending Act
|
| 12. |
GA Fair Lending Act (pre- and post-amendments)
|
| 13. |
HW Financial Services Loan Company License -Mortgage Broker and Solicitor License- Foreign Lender License - Mortgage Loan Originator Company License
|
| 14. |
ID Residential Mortgage Practices Act - (Home Loan Practices article)
|
| 15. |
IN Home Loan Practices Article
|
| 16. |
IA Mortgage Banker License Regulated Loan License - Industrial Loan License - Mortgage Banker Registrant- Mortgage Broker License- Master Loan Company Registration
Nonprofit Mortgage Banker Registrant |
| 17. |
KS Consumer Credit Code - Kansas Supervised Lenders License- - Consumer credit code 16-207
|
| 18. |
LA Residential Mortgage Lending License - Consumer Loan License- Licensed Lender License
|
| 19. |
MA Mortgage Lender and Broker Regulations
|
| 20. |
MD Commercial Law amended by Maryland Senate Bill 270
|
| 21. |
Maryland Regulations under the Maryland Mortgage Lender Law HB 649 - 363amendments, and COMAR
|
| 22. |
MI Consumer Mortgage Protection Act
|
| 23. |
MN Mortgage Originator and Servicer Licensing Act
|
| 24. |
MS Residential Mortgage Company License - Mortgage Lender License - Mortgage Broker Licen
|
| 25. |
MO Mortgage Company License
|
| 26. |
MT - Consumer Loan License - Residential Mortgage Lender License-Mortgage Broker License
Mortgage Lender License |
| 27. |
NC Rate Spread Home Loan Provisions (original 2008 provisions and 2009,2013 amendments)
|
| 28. |
ND Money Broker License
|
| 29. |
NE Mortgage Bankers Registration and Licensing Act
|
| 30. |
NH First Mortgage Banker License – Second Mortgage Home Loan – Mortgage Banker License – Mortgage Broker License
|
| 31. |
NJ Home Ownership Security Act 2002 (pre- and post-amendments)
|
| 32. |
NM Home Loan Protection Act (pre- and post-amendments)
|
| 33. |
OH Consumer Sales Practices Act
|
| 34. |
Cleveland Heights, OH Ordinance Prohibiting Predatory Loans
|
| 35. |
Summit County, OH Consumer Affairs Board Ordinance
|
| 36. |
Summit County, OH Consumer Protection Ordinance
|
| 37. |
OK Home Ownership and Equity Protection Act (original provisions & 2009 higher-priced amendments)
|
| 38. |
OR Consumer Finance License – Consumer Finance Registration – Mortgage Lender License
|
| 39. |
PA Consumer Equity Protection Act
|
| 40. |
RI Home Loan Protection Act and Regulation 3
|
| 41. |
SD Mortgage Lender License – Mortgage Broker License
|
| 42. |
TN Home Loan Protection Act
|
| 43. |
UT Residential Mortgage Practices and Licensing Act
|
| 44. |
VA Mortgage Lender and Broker Act
|
| 45. |
WA House Bill 2770, Mortgage Lending and Homeownership, Chapter 108, Laws of 2008 – Consumer Loan Company License – Mortgage Broker License
|
| 46. |
WV Residential Mortgage Lender, Broker and Servicer Act
|
| 47. |
WY Consumer Credit Code – Registered Consumer Loan Lender – Mortgage Lender Broker License
|
| 48. |
CA AB 260 (Division 1.9 of the Financial Code) higher-priced mortgage loan provisions - Anti-Predatory Lending Statute - Amendment
|
| 49. |
CT Abusive Home Lending Practices Act
|
| 50. |
CT Nonprime Home Loans Statute
|
| 51. |
IL Office of Banks and Real Estate High Risk Home Loan Regulations
|
| 52. |
IL High Risk Home Loan ActL Predatory Lending Database Program
|
| 53. |
Chicago, IL Predatory Lending Ordinance
|
| 54. |
Cook County, IL Predatory Lending Ordinance
|
| 55. |
KY Predatory Lending and High Cost Home Loan Act (pre- and post-amendments)
|
| 56. |
ME Title 9-A Residential Mortgage Loan, High-Rate, High-Fee Provisions, High Cost, Subprime, Rate Spread Home Loan, and Higher-Priced Mortgage Loan Provisions (original 2003 provisions and 2008, 2009, 2011 & 2013 amendments)
|
| 57. |
MA High Cost Home Loan Regulations (pre- and post-amendments) - MA Predatory Home Loan Practices Act - MA 209 CMR 32.35 Higher-Priced Mortgage Loan Provisions - MA “Borrower’s Interest” Standard
|
| 58. |
Maryland Regulations for Higher Priced Mortgage Loans, as promulgated under the Maryland Mortgage Lender Law
|
| 59. |
NC Restrictions and Limitations of Home Loans and High-Cost Home Loans
|
| 60. |
NV Unfair Lending Practices Act – Anti Predatory Lending Law
|
| 61. |
NY GRBB Part 41 (pre- and post-amendments)
|
| 62. |
NY Banking Law 6-L
|
| 63. |
NY Banking Law 6-M
|
| 64. |
OH Anti - Predatory Lending Act (pre- and post-amendments)
|
| 65. |
Cleveland Heights, OH Ordinance Prohibiting Predatory Loans
|
| 66. |
RI Providence Ordinance Regarding Predatory Lending (post-amendment)
|
| 67. |
SC High-Cost and Consumer Home Loan Act (original provisions & 2010 ARM amendments)
|
| 68. |
TX Home Loan and High Cost Home Loan Act
|
| 69. |
UT High Cost Home Loan Act
|
| 70. |
VT High Rate Loans
|
| 71. |
VI VA SB 797 Hight Risk Mortgage – Mortgage Broker License
|
| 72. |
WI Responsible High Cost Mortgage Lending Act
|
| o |
The individuals performing the aforementioned original appraisal assessment are not persons providing valuations for purposes of the Uniform Standards of Professional Appraisal Practice (“USPAP”) or necessarily licensed as appraisers under
Federal or State law, and the services being performed by such persons do not constitute “appraisal reviews” for purposes of USPAP or Federal or State law.
|
| o |
Selene makes no representation or warranty as to the value of any mortgaged property, notwithstanding that Selene may have reviewed valuation information for reasonableness.
|
| • |
Selene is not a ‘creditor’ within the meaning of ECOA or other lending laws and regulations, and therefore Selene will not have any communication with or responsibility to any individual consumer concerning property valuation.
|
| • |
Selene does not confirm whether the appraiser is on the Freddie Mac exclusionary list.
|