Find this page again at:
https://www.onlineed.com/inlineed.php?mode=compliance_101

Mortgage Compliance 101

All “mortgage companies” including banks and non-bank lenders and brokers need to comply with an expanding set of laws that regulate the mortgage industry. The Financial Crimes Enforcement Network (FinCEN) has recently implemented regulations that requires all non-bank institutions to comply with laws regarding Anti-Money Laundering (AML) and Suspicious Activity Reports (SARs). This guide will help you to understand the requirements of mortgage compliance and where you can go to get more information.

Anti-Money Laundering Program

The Bank Secrecy Act (BSA) in 31 CFR Chapter X, Parts 1010 and 1029 requires companies to:

Risk Assessment

A risk assessment should include risks unique to your company:

Policies & Procedures

Your company’s AML Program should include, at a minimum, “the development of internal policies, procedures, and controls.” This means that you must have written documentation available for employees that covers company policy on anti-money laundering and other topics.

Mortgage Compliance Officer

Your company needs to designate and register a mortgage compliance officer with FinCEN. To register a compliance officer, visit: http://bsaefiling.fincen.treas.gov/main.html

The compliance officer is responsible for:

Employee Compliance Training

The company must have a regular AML compliance training program that educates all employees on company policies. Your AML training program must:

In addition to formal training, the compliance officer is responsible for disseminating information on law changes and policy changes and must keep a record of these communications.

Independent Testing of Policy

Testing will be dependent upon the organization’s size and risk. It must be completed at least annually or more frequently if warranted. It can be done by an independent 3 rd party, or can be done by company personnel provided that they do not:

Suspicious Activity Reports (SARs)

SARs are the tool used to implement AML Policy. The BSA imposes both a mandatory and voluntary requirement to file them. All filings are to be done electronically at: http://bsaefiling.fincen.treas.gov/main.html.

Required filings are triggered by certain criteria published by FinCEN. Additional information on the topic can be found at http://www.fincen.gov/statutes_regs/guidance/html/reg_faqs.html.

Non-Compliance

Civil Penalties for Non-Compliance:

Criminal Penalties for Noncompliance:

Audits

Both the Consumer Finance Protection Bureau (CFPB) and the IRS are authorized to carry out audits of your policies, procedures, training records, and reports. These are folks you probably don’t want to mess with.

Where Do I Start?

If you feel overwhelmed by mortgage compliance rules, you’re not alone. That’s why we created InlineEd. It comes with pre-written policy templates, version-controlled policy management, automated online AML training, recordkeeping, on-demand reports, and more… all in a tidy 100% web-based package. If you don’t already have a compliance solution, take a look!

Learn About InlineEd Small Business Compliance