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Yawning is NOT the Wise Response to Upcoming 08/01/15 CFPB Changes...

By
Real Estate Broker/Owner with Lola Audu~Audu Real Estate~Grand Rapids, MI Real Estate

Short Sale Specialists in the real estate community have become acutely familiar with the 60, 90, and even 180 day closing timeline.  But, for the larger world of real estate anything beyond 45 days for a Freddie Mac or Fannie Mae transaction belongs to an alternate reality. 

Starting August 1, 2015 new guidelines impacting the real estate transaction and lending process are likely to create some headaches for real estate professionals and consumers as adjustments are made to comply with provisions of the Dodd-Frank bill and the Consumer Financial Protection Bureau (CFPB) guidelines.

I've found it mildly surprising that so many agents that I ask are not even aware of the Bureau,  much less about the implications for their business this fall and the consumers they serve.  The adjustments necessitated because of these changes are NOT mere cosmetics.  For the Lending industry, the risk of violating the standards is so high that few Lenders who are interested in staying in business will want to pay penalties which range up to a MILLION dollar for Third Tier violations which are deemed by the Bureau to be reckless and deliberate.  Smaller offenses still face stiff penalties in the range of $5,000 PER offense.  That's enough to make most rational people take notice!

In case, you've been under a rock and have not heard about the Consumer Financial Protection Bureau (CFPB), you might want to peruse their website to gain some familiarity.  The CFPB is tasked with protecting consumers by making markets for consumer financial services work for Americans .  The net of financial issues over which they enforce compliance is large, ranging from student loans, pay day loans, consumers loans, mortgage loans, to auto financing.  

The Bureau is associated with the Department of the Treasury and has compiled a substantial record of convictions and fines against a number of financial institutions and ancillary service providers including appraisers and title companies.  Some of these cases have been settled for hugely substantive amounts) In addition, RESPA compliance (something most real estate professionals normally associate with HUD) is also an area which the CFPB has addressed especially with regards to Affiliate Business Agreements. Brokers and agents who have affiliate agreements with title companies, mortgage companies etc are strongly advised to make sure their agreements are in compliance.

Because REALTORS are the primary coordinators which link all aspects of the real estate process together, it is critically important that we are familiar with not only the mechanics of the changes as they relate to new forms and documents for the  mortgage process as well as new timelines which will add a mandatory 3 additional days (and possibly up to 7 depending on if there are holidays or if delivery is by snail mail) to the the closing process.  

Additionally, delays which may have been a mere blip in the process (such as appraisal glitches or certain types of contract revisions/addendums) could also inadvertently extend or delay the transaction process by several days or more per item.  In a business in which moving trucks are often waiting outside the closing, this type of hurdle could build additional stress into tense situations if REALTORS are not prepared to communicate effectively with all parties and adequately counsel their clients.

In less than 90 days, this new reality will be our norm.  I've developed a NEW Continuing Education course certified for Legal CE Credits in the State of Michigan specifically designed to aid REALTOR Sales Agents and Brokers in understanding how to manage transactions in this new professional landscape.  In addition, the course highlights RESPA issues as well as Fair Housing.  What differentiates this course, it that it is written by a BROKER for BROKERS and Salespersons.  It is not a regurgitation of lending or title guidelines, but rather a framework to assist real estate professionals in navigating and managing transactions and servicing clients in an increasingly complex world.

To book this course, please contact Lola Audu - 616-791-0511 or email:  lola@audurealestate.com.  The course is certified in Michigan  for 2 Hours of Legal Continuing Education (C000249) on the www.cemarketplace.net. The information is applicable to any part of the country where real estate professionals are helping clients to buy and sell real estate! 

CFPB Continuing Education Class for REALTORS

Comments(43)

Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

The Federal Government of Washington D.C. continues to make life difficult for consumers, lenders, business people, real estate agents, etc.     This is just one more problem for Americans. 

 

May 12, 2015 01:52 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Great information. I am going to bookmark this post and read it again.

May 12, 2015 10:07 PM
Kathleen Lordbock
Keller Williams Realty Professionals - Baxter, MN
Keller Williams Realty Professionals

This will certainly add a new dynamic to the closing process that certainly could make some transactions difficult and timely closings more unlikely. Timing the closings not at the end of the month for renters etc and other deliberate adjustments will become the norm.
I am sure your course will give those taking it some great insight.

May 12, 2015 11:46 PM
Ron Aguilar
Gateway Mortgage Group - Saint George, UT
Mortgage & Real Estate Advisor since 1995

this change as big as it is, will not be the last. We have been entering an era of the new normal. 

May 12, 2015 11:49 PM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

There are always changes.  I really feel sorry for the lenders.  But yes I know they will impact me too. 

May 13, 2015 01:48 AM
Mike McCann Nebraska Land Broker
Mike McCann - Broker, Mach1 Realty Farm & Commercial Land Broker-Auctioneer Serving Nebraska - Kearney, NE
Farm & Commercial Property For Sale 308-627-3700

It is a continous evolving reality of the business.  I do not think it will have a tremendous amount of change on the process but it is definitely good to be aware of what the changes are and the consequences.  Great Blog Lola Audu 

May 13, 2015 02:42 AM
Leslie Campos
Tierra Antigua Realty - Safford, AZ
The Only CRS in Graham County

I've been following some on-line training that one of the lenders provides. These changes are signficant and will likely impact closing timelines. Get your deals in before Aug 1!

May 13, 2015 03:04 AM
Lola Audu
Lola Audu~Audu Real Estate~Grand Rapids, MI Real Estate - Grand Rapids, MI
Audu Real Estate~Grand Rapids, MI ~Welcome Home!

Bill, eventually things will become a new normal.  The key is figuring out how to run an effective business while the kinks are being worked out!

May 13, 2015 03:54 AM
Lola Audu
Lola Audu~Audu Real Estate~Grand Rapids, MI Real Estate - Grand Rapids, MI
Audu Real Estate~Grand Rapids, MI ~Welcome Home!

Fred, many probably echo your sentiment.  I think our job is to figure out how to make things easier for our clients with all these changes.

May 13, 2015 03:55 AM
Lola Audu
Lola Audu~Audu Real Estate~Grand Rapids, MI Real Estate - Grand Rapids, MI
Audu Real Estate~Grand Rapids, MI ~Welcome Home!

Gita, always nice to have you drop by.  Thanks for stopping by to read and comment.

May 13, 2015 03:56 AM
Lola Audu
Lola Audu~Audu Real Estate~Grand Rapids, MI Real Estate - Grand Rapids, MI
Audu Real Estate~Grand Rapids, MI ~Welcome Home!

Kathleen, thanks for your comments.  This will mean that REALTORS need to rethink how the transaction is managed and also be even better communicators and negotiators.  All of these are things that add value to our service if we do them well!

May 13, 2015 03:58 AM
Lola Audu
Lola Audu~Audu Real Estate~Grand Rapids, MI Real Estate - Grand Rapids, MI
Audu Real Estate~Grand Rapids, MI ~Welcome Home!

Ron, I think you're probably right.  Change is the new constant.

May 13, 2015 03:58 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Good for you for taking the time to create a CE course about this.  I'm sure it will be helpful.

May 13, 2015 04:27 AM
Lola Audu
Lola Audu~Audu Real Estate~Grand Rapids, MI Real Estate - Grand Rapids, MI
Audu Real Estate~Grand Rapids, MI ~Welcome Home!

Gene, Lenders have been working with a constantly changing regulatory climate for much of the past two years.  Comparatively, we have had it pretty easy.

May 13, 2015 05:13 AM
Michelle L. Mayo
eXp Realty of CT, LLC - Waterford, CT
Shoreline Homes Girl

Thank you sharing this information.  I am on the Forms Committee of our local Board and thought it would be a good idea to create a checklist that we can use and follow once the August 1st changes go in to effect.  So I am working on that as we speak.

I would also be interested in learning more and/or attending your couse.  I sent an email.  Can you provide info. please?  Thank you

May 13, 2015 05:30 AM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Lola Audu - yes, these are major changes - including terminologies we have used for so many years! Can't sleep over it! Thanks for throwing light on these changes.

May 13, 2015 02:12 PM
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

Lola, this is an amazing summary of the fast approaching CFPB changes.  I've attended two trainings on the changes and your post is the most organized summary of all.  Thank you!

May 13, 2015 04:54 PM
Dorte Engel
RE/MAX Leading Edge - Bowie, MD
ABC - Annapolis, Bowie, Crofton & rest of Maryland

Dear Lola,

More fun & games, eh?

May 15, 2015 01:43 PM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

There will be many surprised at the changes.  Change is inevitable but not all change is good. We shall see with this one.

May 15, 2015 09:09 PM
Doug Dawes
Keller Williams Evolution - 447 Boston Street, Suite #5, Topsfield, MA - Topsfield, MA
Your Personal Realtor®

It is very rare for government to be helpful when they become nannies over professions. They are usually looking to gain more revenue from our pockets.

May 16, 2015 05:07 AM