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By: Zach Smith On September 13, the Consumer Financial Protection Bureau (CFPB) announced final amendments to the mortgage rules that it issued earlier this year. The CFPB first issued the final mortgage rules in January 2013 and then released subsequent amendments in June. The final amendments also make some additional clarifications and revisions in response to concerns raised by stakeholders. The final modifications announced by the CFPB in September include: Amending the prohibition on certain servicing activities during the first 120 days of a delinquency to allow the delivery of certain notices required under state law that may provide beneficial information about legal aid, counseling, or other resources. Detailing the procedures that servicers should follow when they fail to identify or inform a borrower about missing information from loss mitigation applications, as well as revisions to simplify the offer of short-term forbearance plans to borrowers suffering temporary hardships. Clarifying best practices for informing borrowers about the address for error resolution documents. Exempting all small creditors, including those not operating predominantly in rural or underserved areas, from the ban on high-cost mortgages featuring balloon payments. This exemption will continue for the next two years while the CFPB re-examines the definitions of “rural” and “underserved.” Explaining the "financing” of credit insurance premiums to make clear that premiums are considered to be “financed” when a lender allows payments to be deferred past the month in which it’s due. Clarifying the circumstances when a bank’s teller or other administrative staff is considered to be a “loan originator” and the instances when manufactured housing employees may be classified as an originator under the rules. Clarifying and revising the definition of points and fees for purposes of the qualified mortgage cap on points and fees and the high-cost mortgage points and fees threshold. Revising effective dates of many loan originator compensation rules from January 10, 2014 to January 1, 2014. While the industry continues to advocate for an extension of the effective date to provide additional time to implement the necessary compliance requirements, the CFPB insists that both lenders and mortgage servicers have had ample time to comply with the rules. Most recently, in testimony before the House Financial Services Committee, CFPB Director Richard Cordray stated that “most of the institutions have told us that they will be in compliance” and he didn’t foresee further delays. Related Research Experian's Global Consulting Practice released a recent white paper, CCAR: Getting to the Real Objective, that suggests how banks, reviewers and examiners can best actively manage CCAR's objectives with a clear dual strategy that includes both short-term and longer-term goals for stress-testing, modeling and system improvements. Download the paper to understand how CCAR is not a redundant set of regulatory compliance exercices; its effects on risk management include some demanding paradigm shifts from traditional approaches. The paper also reviews the macroeconomic facts around the Great Recession revealing some useful insights for bank extreme-risk scenario development, econometric modeling and stress simulations. Related Posts Where Business Models Worked, and Didn't, and Are Most Needed Now in Mortgages Now That the CFPB Has Arrived, What's First on It's Agenda Can the CFPB Bring Debt Collection Laws into the 21st Centrury

Billions of dollars are being issued in fraudulent refunds at the state and federal level. Most of the fraud can be categorized around identity theft. An example of this type of fraud may include fraudsters acquiring the Personal Identifying Information (PII) from a deceased individual, buying it from someone not filing or otherwise stealing it from legitimate sources like a doctor’s office. The PII is then used to fill out tax returns, add fraudulent income information and request bogus deductions. Additional forms of tax refund fraud may include: Direct consumer tax refund fraud using real PII of US Citizens to file fraudulent tax returns and claim bogus deductions thereby increasing refund amounts EITC (Earned Income Tax Credit)/ACC (Additional Childcare Credit) fraud which is usually perpetrated with the assistance of a tax preparer and claiming improper cash payments and/or deductions for non-existent children. Tax Preparer Fraud where tax preparers purposefully submit false information on tax returns or file false returns for clients. Under reporting of income on tax filings. Taking multiple Homestead Exemptions for tax credit. Since this Fraud more often occurs as an early filing using Fraudulent or stolen PII the individual consumer is at risk for long term Identity issues. Exacerbating the tax refund fraud problem: The majority of returns that request refunds are now filed online (83% of all federal filings in 2012 were online) -if you file online, there is no need to submit a W-2 form with that online filing. If your employment information cannot be pulled into the forms by your tax software you can fill it in manually. The accuracy of information regarding employer and wage information for which deductions are based, is only verified after the refund is issued. Refunds directly deposited – filers now have the option to have their refunds deposited into a bank account for faster receipt. Once these funds are deposited and withdrawn there is no way to trace where the funds have gone. Refunds provided on debit cards – filers can request their refund in the form of a debit card. This is an even bigger problem than bank account deposits because once issued, there is no way to trace who uses a debit card and for what purpose. So what do you need to look for when reviewing tax fraud prevention tools? Look for a provider that has experience in working with state and federal government agencies. Proven expertise in this domain is critical, and experience here means that the provider has cleared the disciplined review process that the government requires for businesses they do business with. Look for providers with relevant certifications for authentication services, such as the Kantara Identity Assurance Framework for levels of identity assurance. Look for providers that can authenticate users by verifying the device they’re using to access your applications. With over 80% of tax filings occurring online, it is critical that any identity proofing strategy also allows for the capability to verify the source or device used to access these applications. Since tax fraudsters don’t limit their use of stolen IDs to tax fraud and may also use them to perpetrate other financial crimes such as opening lines of credit – you need to be looking at all avenues of fraudulent activity If fraud is detected and stopped, consider using a provider that can offer post fraud mitigation processes for your customers/potential victims. Getting tax refunds and other government benefits into the right hands of their recipients is important to everyone involved. Since tax refund fraud detection is a moving target, it’s buyer beware if you hitch your detection efforts to a provider that has not proven their expertise in this unique space.

According to a recent Experian analysis of Q2 2013 bankcard trends, bankcard origination volumes increased 21% year-over-year equating to a $12 billion increase in new bankcard limits. The increase was largely driven by the prime and near-prime segments which made up the majority of the $12 billion increase. Download our recent Webinar: It's a new reality…and time for a new risk score.


