Mortgage Banking: Comptroller's Handbook Revisions and Rescissions

Summary

The Office of the Comptroller of the Currency (OCC) issued today the “Mortgage Banking” booklet of the Comptroller's Handbook. This updated booklet replaces a similarly titled booklet issued in March 1996 (and examination procedures issued in March 1998). The updated “Mortgage Banking” booklet also replaces Section 750, “Mortgage Banking,” issued in November 2008 as part of the former Office of Thrift Supervision’s (OTS) Examination Handbook for the examination of federal savings associations (FSA).

Highlights

The OCC’s “Mortgage Banking” booklet

• provides updated guidance to examiners and bankers on assessing the quantity of risk associated with mortgage banking and the quality of mortgage banking risk management.
• includes wholesale changes to the functional areas of production, secondary marketing, servicing, and mortgage servicing rights to incorporate recent lessons learned and regulatory changes.
• addresses recent amendments to Regulation X and Regulation Z issued by the Consumer Financial Protection Bureau (CFPB), as well as other statutory and regulatory changes, including those directed by the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd–Frank).

Background

The OCC’s revised “Mortgage Banking” booklet is a comprehensive update that combines national bank and FSA guidance and examination procedures. The booklet provides an overview of Dodd–Frank’s mortgage-related provisions. Statutes and regulations governing FSAs also have been incorporated into the booklet.

Recently, the CFPB issued rules imposing new requirements related to mortgage servicing standards, loan origination compensation parameters, the Secure and Fair Enforcement for Mortgage Licensing (SAFE) Act of 2008, and ability-to-repay requirements, including conditions for residential mortgage loans to be considered “qualified mortgages.” The nature, general requirements, and core examination procedures are discussed in the appropriate sections. More comprehensive information regarding Regulation X and Regulation Z issues is available in other Comptroller’s Handbook booklets.

With the issuance of this booklet the OCC rescinds or replaces the following:

• Replaces the OCC’s “Mortgage Banking” booklet issued in March 1996 (and examination procedures issued in March 1998).
• Replaces Section 750, “Mortgage Banking,” issued in November 2008 as part of the former OTS Examination Handbook for the examination of FSAs.
• Rescinds OCC Bulletin 2011-29, “Foreclosure Management: Supervisory Guidance” (June 30, 2011).

For further information, contact Joseph A. Smith IV, Credit and Market Risk Division, at (202) 649-6434 or (202) 649-6360.

John C. Lyons Jr.
Senior Deputy Comptroller and Chief National Bank Examiner

Related Link

• “Mortgage Banking” (PDF)