FAMB Focus
News from the Florida Association of Mortgage Brokers
December 4, 2009                                           Issue No. 133
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Compliance Corner

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Welcome to the Compliance Corner.  Each issue, we will be answering a question which has been submitted to the Office of Financial Regulation, a division of the Department of Financial Services.  The answers provided come directly from the department and a new question will appear in each issue.

This issue's Question:

My mortgage broker license is currently INACTIVE. Is Continuing Education required before I can reactivate my inactive individual Mortgage Broker license?
 
 
Answer:


YES. You will need to reactivate your license on-line via the Office's REAL system upon which you will be required to certify that you have satisfied the continuing education requirement. Completion of this process will only reactivate your license through the end of the current licensing period.

Attorney General's Weekly Newsletter
Florida Attorney General Bill McCollum
Florida Attorney General Bill McCollum updates Floridians weekly with his e-mail newsletter, "Generally Speaking".  Topics include a cybercrime update, consumer protection actions, criminal proceedings and much more.
 
To keep up with the latest Consumer News and a variety of other topics and information, please view and/or subscribe to the Attorney General's weekly
Electronic
Newsletter at http://myfloridalegal.com.
CFO Consumer eViews 
CFO Alex Sink
Each week, CFO Alex Sink shares her views with Florida's consumers through her newsletter, "Consumer eViews".  Whether it's updating constituents on legislative meetings and events or commenting on recent happenings in the State of Florida, CFO Sink keeps Floridians informed through her new publication.
 

Welcome to "The FAMB Focus", a bi-weekly publication issued by the Florida Association of Mortgage Brokers!  "The FAMB Focus" has been the communication tool of choice for the association since it's inception in October 2004.  We hope that you find this publication informative, useful to your business and helps you discover the many benefits of membership in FAMB.  Thank you for being a part of the over 60,000 FAMB subscriber community.

Government Affairs US Flag 
Government Affairs Update by Thomas Morcom, FAMB GA Chair

The Federal Reserve Proposes Elimination of Yield Spread Premium Payments to Mortgage Brokers
 
The Federal Reserve has issued regulations to element the loan officers being compensated by yield spread premiums. 

They are currently awaiting your comments on these proposed regulations!


Loan Originator Compensation - The proposal contains new limits on originator compensation. The proposed changes include:
           
· Prohibiting certain payments to a mortgage broker or a loan officer that are based on the loan's terms and conditions.
 
· Prohibiting a mortgage broker or loan officer from "steering" consumers to transactions that are not in their interest in order to increase the mortgage broker's or loan officer's compensation.
 
You can read how to comment on this Federal Reserve proposal and to learn more about the possible elimination of mortgage brokers yield spread premium at the Federal Reserve's web page, www.federalreserve.gov/.  Just go to the Press Release for July 23, 2009 and read what you need to know.

HUD Set to Require RESPA Changes January 2010 ... Are You Ready?

HUD ANNOUNCES RESTRAINT IN RESPA ENFORCEMENT FOR FIRST FOUR MONTHS OF NEW RULE

Aimed at mortgage professionals making good faith effort to comply with new requirements

The U.S. Department of Housing and Urban Development (HUD) announced that for the first four months of 2010, the staff of the Mortgagee Review Board (MRB) will exercise restraint in enforcing new regulatory requirements under the Real Estate Settlement Procedures Act (RESPA), due to take full effect on January 1. The MRB instructed its staff to exercise such restraint in considering an action against FHA-approved lenders who have demonstrated that they are making a good faith effort to comply with RESPA's new requirements.

But HUD still expects compliance beginning January 1, 2010
Federal Housing Commissioner David Stevens said in that the new disclosure forms and procedures would be implemented in January 2010 as scheduled. 

HUD is requiring that loan originators provide borrowers with a standard Good Faith Estimate that clearly discloses key loan terms and closing costs and that closing agents provide borrowers with a new HUD-1 settlement statement.  New RESPA regulations are scheduled to take full effect on January 1, 2010.

To learn more about these new disclosure requirements review the "New RESPA Rule FAQs" found on the web page fha.gov/RESPA.  These questions were comprised from industry questions and are posted to facilitate implementation of these new requirements.

Commissioner Stevens says "HUD is acutely aware of the procedural concerns, timing constraints, and ancillary costs attributable to the implementation of these new regulatory requirements and the issues they raise."  He also pointed out that the final RESPA rule was published on November 17, 2008 - meaning that the industry has had 14 months to get with the program.


State Issues

NMLS - Nationwide Mortgage Licensing Update - Your First Step
 
To get credit for NMLS pre-licensure courses you must have a unique identifier number from NMLS.  If you are a member of FAMB you can launch your request for a unique identifier number from the web page www.famb.org.
 
Join Florida Association of Mortgage Brokers - If you are not a member of the Florida Association of Mortgage Brokers shouldn't you join and make sure FAMB continues to work for you in Tallahassee and Washington?

Contribute to the Florida Association of Mortgage Brokers PAC - If you are already a member of the Florida Association of Mortgage Brokers shouldn't you contribute to the association's PAC and make sure FAMB continues to work for you in Tallahassee and Washington?

Confidential Credit Report
FAMB Fights to Protect Your Credit Report!

Did you know...
it is the policy of the state of Florida that all state, county, and municipal records are open for personal inspection and copying by any person?

Did you know... starting on October 1, 2010, all  licensed mortgage brokers, in-house processors, in-house underwriters and wholesale account executives employed by a state-licensed mortgage lender must begin the process of obtaining the new Florida loan originator license?

Did you know... starting on October 1, 2010, as a requirement to obtain the new Florida loan originator license, your credit report must be pulled in order to determine financial character?

Did you know... your credit report will be considered a state record and available for public viewing unless a public records exemption bill is passed in the 2010 legislative session AND signed by Governor Charlie Crist into law?

Help the Florida Association of Mortgage Brokers fight to keep your credit reports confidential by joining FAMB today!  For only $24.17 per month, you can receive full membership benefits including state legislative representation in Tallahassee.  Full membership benefits begin immediately upon receipt! 

Don't sit back while only a few fight for the rights of thousands of mortgage professionals who may be exposed to identity theft!

Simply click on the link below to access the membership application.  Complete the application, authorize the monthly debit of $24.17 per month and fax to (850) 942-4654. 

For more information, please contact FAMB's state office at (800) 289-9983 or FAMB State President Valerie Saunders at valsaun@juno.com.

Join FAMB today and stand up for your rights and the rights of all soon-to-be licensed mortgage professionals throughout the state of Florida!

Click here to pay only $24.17 per month and help FAMB protect your credit...

Florida Association of Mortgage Professionals • 1292 Cedar Center Drive • Tallahassee, FL 32301
Phone (850) 942-6411 • Fax (850) 942-4654