Originator Compensation Delay Dissolved. New Rules in Effect
BAD NEWS: A decision has been made. The loan originator compensation delay has been dissolved. New compensation plans are now in effect.
From the Court Order...
"Upon consideration of the
emergency motion for expedited relief and the emergency motion to stay
implementation of final rule pending appeal, the response thereto, and
the reply, it is ORDERED that the administrative stay entered on March
31, 2011, be dissolved. It is FURTHER ORDERED that the motions be
denied. Appellants have not satisfied the stringent standards required
for a stay pending appeal. See Washington Metro. Area Transit Comm’n v.
Holiday Tours, Inc., 559 F.2d 841, 843 (D.C. Cir. 1977); D.C. Circuit
Handbook of Practice and Internal Procedures 32 (2010)."
HERE IS THE COURT ORDER: L.O. COMPENSATION DELAY DISSOLVED.
April 5, 2011 5:55pm
It is MND's opinion that originator compensation reform should be
delayed at least until the Consumer Financial Protection Bureau is fully
up and running in July.From Originator Compensation: Putting the Cart Before the Horse:
"By limiting the consumer's choice of originator compensation methods
to either rebate through a premium note rate or paying points to buydown
the note rate, we are also limiting their "best execution" financing
options. This would imply, based on the segmented nature of the mortgage
market, that some consumers might end up paying more than they would
have for the same note rate before these regs were implemented (no
lender prices the same as another). Then again, the final rules clearly
prohibit a mortgage broker or loan officer from “steering” a consumer to
a lender offering less favorable terms in order to increase the
broker’s or loan officer’s compensation. Yikes. I'm not sure how that
rule will be monitored or enforced from the perspective of the
consumer's most efficient buydown structure. If there is no rebate
standard/originator commission standard, then how do we regulate the
industry? I believe we need a better definition of what constitutes
steering a consumer away from an expensive buydown (good) vs. steering a
consumer toward a higher rate just to increase commission (bad)"