The North Carolina Office of the Commissioner of Banks (NCCOB) issues this bulletin to remind all lenders and brokers that the Real Estate Settlement Procedures Act (RESPA) prohibits kickbacks and referral fees and describes the risks posed by entering into marketing services agreements (MSAs). 

Section 8(a) of RESPA prohibits the giving or accepting of “any fee, kickback or thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or part of a real estate settlement service involving a federally related mortgage loan shall be referred to any person.”  RESPA does not include a de minimis amount of value, so costs considered nominal are not excludable from this regulation.

The Consumer Financial Protection Bureau issued the below Compliance Bulletin regarding RESPA Compliance and Marketing Services Agreements, and the NCCOB encourages its licensees to review the Compliance Bulletin to ensure compliance with RESPA and any MSAs with providers, including but not limited to real estate agents or brokers.

https://files.consumerfinance.gov/f/201510_cfpb_compliance-bulletin-2015-05-respa-compliance-and-marketing-services-agreements.pdf

****The North Carolina Office of the Commissioner of Banks is issuing a correction regarding timeline extensions for reporting. The MCR Q1 2020 and NCCOB Online Mortgage Data Upload reports are extended from May 15, 2020 to JUNE 14, 2020.***

The North Carolina Office of the Commissioner of Banks (NCCOB) recognizes the serious impact the COVID-19 pandemic is having on consumers and the operations of many licensees. To provide flexibility with administrative burdens, the NCCOB is extending the 2020 Q1 reporting deadlines for regulated mortgage entities that cannot meet the original deadlines for the following reports:

• MCR Q1 2020 report is extended from May 15, 2020 to June 14, 2020
• MCR Standard Financial Condition and Financial Statement deadlines are  extended from 90 days from the end of the company’s fiscal year to 120 days from the end of the company’s fiscal year
• NCCOB Online Mortgage Data Upload is extended from May 15, 2020 to June 14, 2020

License items in the Nationwide Multistate Licensing System (NMLS) will be updated to reflect these extensions. The NCCOB encourages licensees to meet the reporting deadlines whenever possible.

Temporary Authority to Operate is part of a new section added to the federal SAFE Act by the passage of the Economic Growth, Regulatory Relief and Consumer Protection Act (12 USC § 5117).  The new provision streamlines the license application process for federally registered mortgage loan originators (MLOs) seeking state licensure and state-licensed MLOs seeking licensure in another state.  It will allow qualified MLOs who are changing employment temporary authority to originate loans while completing certain state-specific requirements. Temporary Authority to Operate takes effect November 24, 2019. With this change, North Carolina will continue to offer transitional MLO licenses in limited circumstances.  For additional information on the MLO qualifications and other specifications of the provision, please visit the following link to the Nationwide Multistate Licensing System & Registry Resource Center:  https://nationwidelicensingsystem.org/slr/common/Pages/Temporary-Authority-to-Operate.aspx