FinCEN Proposes Plan for Non-Bank Lenders, Mortgage Brokers and Bankers to File SARs – NMP Skip to main content

FinCEN Proposes Plan for Non-Bank Lenders, Mortgage Brokers and Bankers to File SARs

Dec 06, 2010

The Financial Crimes Enforcement Network (FinCEN) has proposed a requirement that non-bank residential mortgage lenders and originators, like other types of financial institutions, establish anti-money laundering (AML) programs and comply with suspicious activity report (SAR) regulations. Under current FinCEN regulations, the only mortgage originators that are required to file SARs are banks and insured depository institutions. The proposal would close a regulatory gap that allows other originators, such as mortgage brokers and mortgage lenders not affiliated with banks, to avoid having AML and SAR filing obligations. SARs are a critical source of information for law enforcement in investigating and prosecuting mortgage fraud related crimes. FinCEN believes that new regulations requiring non-bank residential mortgage lenders and originators to adopt AML programs and report suspicious transactions would be consistent with those business’s due diligence and information collection processes to assess creditworthiness in lending, and could augment FinCEN’s initiatives in this area. Additionally, the effectiveness of these proposed AML/SAR regulations may be enhanced by new rules imposed under the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act) that require development of a nationwide licensing system and registry for certain mortgage professionals. “These lenders and originators generally deal directly with consumers. As important mortgage finance providers they are ideally positioned to assess and identify money laundering risks and possible mortgage fraud. This protects both their business interests and their customers from the abuses of fraud and financial crime,” said FinCEN Director James H. Freis Jr. Based on its ongoing work directly supporting criminal investigators and prosecutors in combating mortgage fraud, most notably with the Financial Fraud Enforcement Task Force (FFETF), FinCEN believes that this regulatory measure will help mitigate some of the vulnerabilities that criminals have exploited. Analysis of SARs, periodically published in FinCEN’s mortgage fraud reports, shows that non-bank mortgage lenders and originators initiated many of the mortgages that were associated with SAR filings. In addition, the Notice of Proposed Rulemaking (NPRM) is complementary to ongoing regulatory reform and is looking to guard against mortgage fraud, including such activities as false statement, use of straw buyers, fraudulent flipping and even identity theft associated with mortgage borrowing. These illegal activities, and others, have been identified in information provided by SARs. For more information, visit www.FinCEN.gov.
About the author
Published
Dec 06, 2010
AD Mortgage Warns Condo Eligibility Changes Could Restrict Conventional Financing

Wholesale lender cites internal loan data to urge regulators to monitor whether new condominium eligibility standards reduce access to conventional financing

CHLA Says Direct Payments Are Key To Small FHA Loans

The lender group says mortgages below $100,000 routinely lose money, while LO compensation rules could prevent federal incentives from reaching originators

Solidifi Clears FHA Certification For UAD 3.6 Integration

The appraisal management company says it is the first to complete certification for FHA’s modernized EAD platform, giving lender clients an early path toward implementation

Vought To Face Congress Over CFPB Overhaul, Enforcement Pullback

Vought’s testimony also comes as a new poll suggests the CFPB retains broad support across party lines

Illinois Changes Property Tax Foreclosure Process To Return Surplus Equity

Borrowers can save remaining home equity after delinquent property taxes and fees are paid

CFPB Weighs Changes To TRID Timing And Mortgage Rescission Rules

The bureau is seeking feedback on whether federal disclosure requirements raise costs, delay closings or limit access to mortgage credit