January Compliance Recap: State Document Updates

    This month’s changes were geared mainly toward document updates. In this post, you’ll find links to some of the work our experts were engaged in last month to keep our clients up to date and fully compliant. We bring you all the news in this month’s compliance update.

    And remember, by following the posts in our compliance blog, you will always be up to date on changes within the industry.

    Document Changes

    January was a quiet month on the compliance front, but a few document updates snuck in to keep our compliance team busy. The changes have been summarized below with links to the full descriptions of the updates.

    • Nevada now requires the placement of the assessor’s parcel number (APN) of the property at the top left corner of the first page of multiple documents, including a notice of completion, a declaration of homestead, a declaration of removal of discriminatory restriction, a lien or notice of lien, an affidavit of death, a mortgage or deed of trust, any conveyance of real property or instrument in writing setting forth an agreement to convey real property or a notice pursuant to NRS 111.3655. Learn More.
    • Edits are being made to the Lender certification for SFH Guaranteed Loan (Cx3818) and Conditional Commitment for SFH Loan Guarantee (Cx18892) to match those that were made in the U.S. Department of Agriculture’s RD 3555-18 form. The two previously mentioned forms are duplicates of multiple points within the RD 3555-18 form and edits are being made to ensure the forms match changes made in January of 2020. Learn More.
    • As a result of a recent compliance review, the ARM Loan Modification Agreements (Cx4888, Cx10514) and the Fixed Loan Modification Agreements (Cx1701, Cx10515) will be undergoing modifications to better match the corresponding security agreements by including a necessary witness signature line for various states. Florida, Louisiana, South Carolina and Georgia legally require a witness to sign, thus falling outside of the capabilities on that line. Alabama, North Dakota, North Carolina and Tennessee will have the option to have the witness line appear. Learn More.
    • Multiple state documents with a notary block will be undergoing reviews as a result of a periodic audit. While most of the changes are expected to be minor, the comparison will be made to the notary block of model forms published for each of the fifty states and the District of Columbia to ensure more conservative compliance. Learn More.
    • The Georgia Department of Banking and Finance has finalized amendments on December 20, 2019 to Ga. Comp. R. and regulations 80-11-1 to include various provisions to accommodate 12 U.S.C.A 5117 which grants licensed or registered loan originators temporary authority to originate loans in a state that they are awaiting processing of said license or registration. Learn More.
    • Illinois recently ruled both disclosers Cx1207 and Cx16095 are pursuant to two state documents which discloser in verbatim the Illinois Mortgage Escrow Account Act, Section 5 ruling that borrowers can terminate their escrow account once their mortgage has been reduced to 65% of its original amount. Though a federal regulation mentions the inability to terminate a higher-priced mortgage loan (HPML) until the earlier of the loan is terminated or it has been 5 years after consummation. Therefore, there are cases when Federal law pre-empts the Illinois Mortgage Escrow Account Act. Learn More.
    • Florida recently passed laws updating the state’s notary statutes to allow online notarization. These changes made to both 695.25 and 117.05 modify the short form notary blocks to require the notary public to state whether these acknowledgements were made physically or electronically by addition of checkboxes and adjustment of language. Learn More.