Re: Filing of the 2019 Volume of Operations Report (“VOOR”)

Effective with the 2019 Volume of Operations Report (“VOOR”), the New York State Department of Financial Services (the “Department”) will no longer send letters containing temporary passwords to registered mortgage brokers (“Registrant”) or licensed mortgage bankers (“Licensee”) to facilitate the annual VOOR filing requirements. Licensees and Registrants will be required to establish an account through the Department’s online encrypted portal in order to gain access and electronically file the 2019 VOOR.

Click Here for Full Notice 

​Washington, D.C. – To support homeowners and mortgage lenders, the Federal Housing Finance Agency (FHFA) is approving the purchase of certain single-family mortgages in forbearance that meet specific eligibility criteria by Fannie Mae and Freddie Mac (the Enterprises).

“We are focused on keeping the mortgage market working for current and future homeowners during these challenging times," said Director Mark Calabria. “Purchases of these previously ineligible loans will help provide liquidity to mortgage markets and allow originators to keep lending."

Click Here to Access Full News Release

​Washington, D.C. – Today, the Federal Housing Finance Agency (FHFA) announced the alignment of Fannie Mae's and Freddie Mac's (the Enterprises) policies regarding servicer obligations to advance scheduled monthly principal and interest payments for single-family mortgage loans. Once a servicer has advanced four months of missed payments on a loan, it will have no further obligation to advance scheduled payments. This applies to all Enterprise servicers regardless of type or size.  

Click Here for Entire News Release from FHFA

Volume of Operations Report  (VOOR) 

Pursuant to §597 of the New York Banking Law, licensed mortgage bankers and registered mortgage brokers are required to file a Volume of Operations Report (VOOR) annually. 

2019 Volume of Operations 
Report FILING DELAY 
NOTIFICATION 

Pursuant to §597 of the New York Banking Law, licensed mortgage bankers and registered mortgage brokers are required to file a Volume of Operations Report 

(“VOOR”) annually. 

Kindly note, the 2019 VOOR filing period is expected to begin May 4, 2020. The Department will be sending out information to regulated entities regarding the revised VOOR filing process. 

To:  Regulated Mortgage Companies

Based on the Governor’s mandate regarding non-essential state employees, the New York State Department of Financial Services (the “Department”) is currently operating remotely.

To minimize the impact our remote operations may have on the ability of licensed mortgage loan originators (“MLOs”) to comply with bond requirements, effective immediately and until further notice, the Department will accept MLO Individual and Originating Entity bond and bond related documentation electronically.

Going forward, in addition to mailing original documents to the Department as required, regulated entities can submit MLO Surety Bond(s) and bond related document electronically to MLOSURETYBOND@dfs.ny.gov.  The subject line of the email should include the name and NMLS number of the MLO for whom the information is being submitted.  The body of the e-mail should contain your name and contact information, as well as the specifics relating to the nature and reason for your submission.  For Originating Entity bonds, sponsors must include specific details in the email regarding the purpose for which the bond or certification documents are being provided.

New York State Department of Financial Services

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FOR IMMEDIATE RELEASE:
April 1, 2020

MEDIA CONTACT:
Office of Communications
Tel: (202) 435-7170

CFPB ISSUES CREDIT REPORTING GUIDANCE DURING COVID-19 PANDEMIC

WASHINGTON, D.C. — The Consumer Financial Protection Bureau (Bureau) today released a policy statement outlining the responsibility of credit reporting companies and furnishers during the COVID-19 pandemic.  In response to the pandemic, many lenders are being flexible when it comes to consumers’ making payments.  The Bureau’s statement underscores that consumers benefit if lenders report accurate information about these arrangements to credit bureaus so that the credit reports of consumers are accurate.

“During this time of uncertainty, we are providing clarity to ensure the consumer reporting industry can continue to function,” said Director Kraninger.  “Consumers rely on their credit report to purchase a new car, their new home, or to finance their college education.  An effective consumer reporting system is critical in promoting fair and efficient access to credit in the consumer financial services market.”

As lenders continue to offer struggling borrowers payment accommodations, Congress last week passed the CARES Act.  The Act requires lenders to report to credit bureaus that consumers are current on their loans if consumers have sought relief from their lenders due to the pandemic.  The Bureau’s statement informs lenders they must comply with the CARES Act.  The Bureau’s statement also encourages lenders to continue to voluntarily provide payment relief to consumers and to report accurate information to credit bureaus relating to this relief.  The continuation of reporting such accurate payment information produces substantial benefits for consumers, users of consumer reports, and the economy as a whole.

In addition, in response to staffing and resources constraints on lenders and credit bureaus due to the pandemic, the Bureau’s statement also provides flexibility for lenders and credit bureaus in the time they take to investigate disputes.   The Bureau specifically states that it does not intend to cite in an examination or bring an enforcement action against firms who exceed the deadlines to investigate such disputes as long as they make good faith efforts during the pandemic to do so as quickly as possible.

Earlier this month, the Bureau provided consumers with resources to protect their credit.  The Bureau’s blog outlines the steps consumers should take if they cannot make a payment, how to dispute inaccurate information on their credit report, and how to obtain a free copy of their credit report.  The blog can be found here.

Statement on Supervisory and Enforcement Practices Regarding the Fair Credit Reporting Act and Regulation V in Light of the CARES Act.

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The Coronavirus Aid, Relief, and Economic Security (CARES) Act allocated $350 billion to help small businesses keep workers employed amid the pandemic and economic downturn. Known as the Paycheck Protection Program, the initiative provides 100% federally guaranteed loans to small businesses.

Click Here for SB Guide & Checklists

March 31, 2020

The NMLS Policy Committee has been reviewing certain NMLS policies in response to the COVID-19 pandemic and its impact on state regulated entities.

Following the Federal Financial Institutions Examination Council's release announcing there would be a 30-day extension for certain reports, the NMLS Policy Committee has amended the previously announced 60-day temporary deadline extension for the following types of reporting submitted in NMLS: 

CLICK HERE for full notice

The NYS DFS has just issued the following Industry letter:

To the Chief Executive Officers or the Equivalents of New York State Regulated Institutions:

This is an update to the “Guidance to New York State Regulated Institutions and Request for Assurance of Operational Preparedness Relating to the Outbreak of the Novel Coronavirus” (the Industry Letter) issued by the New York State Department of Financial Services (the Department) on March 10, 2020. The Industry Letter requested a response within 30 days from the date of the Letter, which is April 9, 2020.

The Department has received various requests to extend the time to respond to the Industry Letter due to the impact of COVID-19. The Department recognizes and appreciates that many institutions are currently experiencing resource and other constraints during this challenging time. To that end, the Department hereby extends the deadline for responding to the Industry Letter to May 25, 2020. 

Click Here for a copy of DFS Letter

Attention all Members and Affiliates of the New York Association of Mortgage Brokers:

As a follow up to my message earlier today this letter is to inform the membership that your association is currently working carefully with your regulators and other industry partners in response to the current world health crisis and the effect that this may be having on your businesses to date and in the unforeseeable future.

I have received calls and emails from many of you asking for advice and or input on a number of areas that are a concern to all of us so I will attempt to address the most immediate concerns of New York Mortgage Brokers in this letter and then follow up later this week with additional information as necessary. 

Please stay tuned to these Important Notices so that you can stay on top of the direction of your industry as we all move through this together.

Question : Are NYS Mortgage Brokers considered essential Businesses?Answer : Yes, according correspondence received today from the NYSDFS, Mortgage Brokerage is an Essential Financial Service. 

For Consideration : NY Mortgage Brokers must carefully consider the risks to the public when operating their business and the recommendation from the CDC to work from home should be the current standard of practice for most mortgage brokers. If you are a (1) person operation the current law exempts you from the stay at home provision. NYSDFS has issued emergency guidelines for working at home. Employees may NOT conduct any “face to face” business with consumers from any property other than the licensed location. However, employees will be allowed to take mortgage applications from a secure, remote location such as their own home. You are required to adhere to the regulation regarding the safety of all consumer data. Remote users will be required to implement the same standard for operation as would be expected in the office and should follow all policies and procedures. 

Click Here for all Q&A