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September 2007

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Friday, September 14, 2007 - NEW MORTGAGE BROKER ANNUAL REPORTING REQUIREMENTS.... PLAN NOW!!!!

The Texas SML Department's Annual Report Collection System is being modified to include the collection of additional information not previously required.  The new requirements must be met when filing your loan origination activity for calendar year 2007, which is filed online and due to the department by February 28, 2008.  (The revised system will be updated and available to record your 2007 collection information on or about January 1, 2008.)

The following recaps both the current and new requirements so that you will have time to collect the data you will be required to report:

First Lien 1-4 Family Residential Mortgages.  You must provide the total number of loans and the total amount of the loans you funded during calendar year 2007 for the following categories:

~  FHA loans
~  VA loans
~  Conventional – FannieMae/FreddieMac conforming loans
~  Jumbo Loans – loans above conforming loan limits / non-conforming loans
~  Tax lien or “Super” lien loans (new requirement, previously captured under “Other” loans)
~  All other 1-4 family residential loans not reported above
High Cost Loans (Loans with interest rates greater than 12%) will no longer be collected as a separate category.

FOLLOWING IS THE NEW REQUIREMENT!

Non-Traditional Loans The information you enter in the above categories will be automatically totaled for you by the online system.  The following sub-categories of loans should already be represented in the totals above but must be broken out into individual categories so that additional analysis and reporting can occur:

~  Negative amortization / pay option loans
~  Loans with NO escrow accounts or unimproved taxes
~  Any ARM with a margin of greater than 3%
~  Reverse mortgage loans

Points to remember when completing your annual reporting requirement:

~  You MUST file the annual report before March 1st to avoid an administrative penalty and possible license suspension.
~  The annual report must be filed online; there is no paper form available.
~  The password is the first six numbers (no dashes) of your social security number.
~  You CANNOT change addresses using the annual report.
~  Each individual mortgage broker MUST file an annual report, even if another mortgage broker is including figures at a company level.
~  The total amount of each loan funded must be included, not the commission earned on the loan.
~  You will receive a confirmation page when you submit your completed annual report that includes the year being reported as well as the date and time you submitted your report.
~  Newly legislated requirements that go into effect in late 2007 or early 2008 will not affect your calendar year 2007 annual report submissions, which are due on or before February 28, 2008. 

Additional requirements will be established and implemented for your calendar year 2008 loan production filing, due on or before February 28, 2009, to include, for example, second lien reporting.

If you have any questions, do not hesitate to contact the department’s Division of Licensing via email at licensing@sml.state.tx.us or telephone at 512-475-1350 or 877-276-5550.

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Tuesday, September 4, 2007 - Calyx 6.0 Has Shipped!

For those of you with expired subscriptions, Calyx 6.0 has shipped.  The update 6.0a, will be available for download shortly.  Following are some of the updates that will be included. The expected release date is on or before Sept. 28.


Make sure you have the current version of the software so that you are in compliance!!!

The software can be ordered by visiting the website at  calyxsoftware.com


Feature

Description

Florida Mortgage Broker Contract

·      Minor screen and Form changes.

Modified GFE

 

·      GFE needs to indicate payee names for each fee.

·      GFE screen will be modified and New Florida GFE Printouts will be added.

TIL Payment Adjustment

·      When payment is adjusted by both initial rate and payment cap, the payment cap is ignored. This should be fixed.

Marketing Template

·      The default marketing letter “Calyx Marketing – Custom Letter – Current Market Information Letter” contains a link to quickenloans.com which creates big concerns for users. The link should be removed.

Report Status Filter

·      In the new report, the status “Est Clost” option was missing.

·      In the new report, the status filter is not working the same as 5.4.

Fannie Mae MSA Table

·      Fannie has changed MSA Table format in 6.0, but Point didn’t recognize the change. We need to distribute new MSA table.

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Saturday, September 1, 2007 - New Closing Disclosure in Texas!!!!

Many of you may know, but if you don't this is a big wake up call!

Effective September 1, 2007 and pursuant to the revisions of the Texas Finance Code as required by House Bill 716, each mortgage lender, mortgage banker, or licensed mortgage broker/loan officer shall provide to each applicant for a home loan, this written notice at CLOSING for full verification and execution by EACH loan applicant to help fight mortgage fraud.

The SML Auditors will be enforcing this in full force beginning Jan. 1, 2008.

WHO THIS AFFECTS:

1. Mortgage Lenders

2. Mortgage Bankers

3. Licensed Mortgage Brokers and Loan Officers

HOW TO COMPLY:

1. Provide the disclosure to the title company for signature AT CLOSING!!! Do not rely on the lender to send this disclosure. It may take a while for all of the lenders to "catch on." (No this cannot be done with your initial disclosures because the law says to have it signed at closing.)

2. Follow up with the title company to make sure it was signed.

3. Get a copy of the signed disclosure for your archived file (when you request the copy of the signed HUD-1).

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