The U.S. Department of Housing & Urban Development's Office of Housing, Office of RESPA and Interstate Land Sales (ILS) has issued additional guidance on how mortgage loan originators (MLOs) should be in compliance with the Real Estate Settlement Procedures Act (RESPA), as the Federal Reserve Board’s (FRB) loan originator compensation rule that becomes effective April 1, 2011. HUD's guidance, titled "Compliance Guidance for RESPA as it Applies to the Federal Reserve Board’s MLO Compensation Rules Published on September 24, 2010" is a procedural compliance guidance and, according to HUD, "Does not address substantive issues related to restrictions on mortgage loan originator compensation that are within the jurisdiction of the FRB."
Currently, there is litigation filed by the National Association of Mortgage Brokers (NAMB) and other trade associations against Ben Bernanke and the Federal Reserve Board to both postpone the April 1st implementation of this rule, as well as amend the rule.
"As evidence of NAMB’s relationship with the Federal Housing Adminsitration [FHA], Barton Shapiro from HUD's Office of RESPA & Interstate Land Sales committed to providing attendees of his semniar at the NAMB Legislative & Regulatory Conference this guidance and has delivered," said Mike D'Alonzo, president of NAMB.
In addition to the NAMB lawsuit, a bi-partisan letter co-authored by United States Sens. David Vitter (R-LA) and Jon Tester (D-MT) has been submitted to the Board of Governors of the Federal Reserve Board asking for a postponement in the implementation of the April 1st LO compensation rule enforcement. This compliance submitted by HUD assumes the rule will become effective as of April 1st and outlines proper compliance with the LO compensation rule and RESPA.