Archive

MATERNITY LEAVE – GUIDELINES

The previous parts of this article have documented the issue of maternity leave discrimination and the typical regulatory response to the problem. Now we focus on steps to avoid the problem. Underwriting guidelines should provide detailed instructions on the consideration and calculation of temporary leave income. Most investors have such guidelines in place. A typical set of guidelines for temporary leave income are contained in the Fannie Mae Selling Guide (Published December 14, 2014). The […]

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MATERNITY LEAVE – THE CURE

In the first part of this article we explored the issue of maternity leave discrimination. This time we consider the typical cure imposed by regulators. Creditors have paid millions of dollars in damages; typically in the range of $20,000 to $30,000 per incident. In additional to paying damages, creditors are often required to implement revised policies and procedures and to conduct training. Policies It is common for a settlement agreement to require creditors, within thirty […]

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MATERNITY LEAVE – THE ISSUE

Most of our readers probably have heard of the case involving a couple, who had just had twins, whose world was turned upside down when their loan was denied after the creditor learned that the wife was on maternity leave. The application had been approved and the closing was scheduled.  After the denial the wife and infant twins had to move in with her parents. The husband moved to an apartment with their 3-year-old. The creditor […]

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45-DAY LOOK BACK PERIOD FOR ARMs – ARE YOU SET?

Effective on January 10, 2014 Section 1026.20 of Regulation Z requires, when a rate change accompanied by a payment change occurs on an ARM, a notice to be sent to the consumer at least 60, but no more than 120, days before the first payment at the adjusted level is due. However a different timing rule (at least 25, but no more than 120, days before the first payment at the adjusted level is due) applies […]

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PROPOSED DEFINITION OF DELINQUENCY

On November 19, 2014 the Consumer Financial Protection Bureau (CFPB) published proposed changes to Regulations X (RESPA) and Z (TIL). Among other items the proposal contains extensive comment on the definition of the term “delinquency” when used for determining when the first notice regarding foreclosure under section 1024.41(f)(1)(i) may be sent. Section 1024.31 contains definitions for various terms that are used throughout the provisions of subpart C of Regulation X. It does not contain a […]

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