In consumer lending, mortgage origination, a specialized subset of
loan origination
Loan origination is the process by which a borrower applies for a new loan, and a lender processes that application. Origination generally includes all the steps from taking a loan application up to disbursal of funds (or declining the application ...
, is the process by which a lender works with a borrower to complete a mortgage transaction, resulting in a
mortgage loan
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any p ...
. A mortgage loan is a loan in which property or real estate is used as collateral. During this process, borrowers must submit various types of financial information and documentation to a mortgage lender, including tax returns, payment history, credit card information and bank balances. Mortgage lenders use this information to determine the type of loan and the interest rate for which the borrower is eligible. The process in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
has become complex due to the proliferation of loan products and consumer protection regulations.
Mortgage origination process
The mortgage origination, a subset of
loan origination
Loan origination is the process by which a borrower applies for a new loan, and a lender processes that application. Origination generally includes all the steps from taking a loan application up to disbursal of funds (or declining the application ...
, is a complex and evolved process that involves many steps, which varies from lender to lender. The basic steps include
* Take application: this step is initiated by a borrower and results in an application to borrow money to purchase a real estate property that includes details of the mortgage product, property specifications, borrower information and supporting documentation. The application is filled out by the borrower, either through self-services or with the help of a loan officer.
* Processing: loan processors ensure accurate packaging of the loan, which includes ensuring that all loan documentation is complete, verified, and compliant for underwriting. The loan processor then orders services and coordinates loan documents.
*
Underwriting
Underwriting (UW) services are provided by some large financial institutions, such as banks, insurance companies and investment houses, whereby they guarantee payment in case of damage or financial loss and accept the financial risk for liabilit ...
: determining if the risk of offering a mortgage loan to a particular borrower under certain parameters is acceptable, and includes verification, appraisal, title search and insurance, flood certification, and surveying.
* Closing/funding: a settlement agent manages the logistics of providing borrowers final loan documents for review and signing, releasing and wiring the funds, and recording the mortgage at which point the mortgage is official.
* Shipping and delivery: documents are reviewed for auditing and quality control purposes, copies are sent to investors, and purchase notifications are sent to other departments.
Key consumer protection regulations
The mortgage origination process in the United States is required to comply with the following regulations:
*
Fair Housing Act
The Civil Rights Act of 1968 () is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots.
Titles II through VII comprise the Indian Civil Rights Act, which applie ...
: enacted in 1963, makes it "unlawful to refuse to sell, rent to, or negotiate with any person because of that person's inclusion in a
protected class
A protected group, protected class (US), or prohibited ground (Canada) is a category by which people qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connec ...
".
*
Equal Credit Opportunity Act
The Equal Credit Opportunity Act (ECOA) is a United States law (codified at et seq.), enacted 28 October 1974, that makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on ...
(ECOA): enacted in 1974, that makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to contract).
*
Home Mortgage Disclosure Act
The Home Mortgage Disclosure Act (or HMDA, pronounced ) is a United States federal law that requires certain financial institutions to provide mortgage data to the public. Congress enacted HMDA in 1975.
Purposes
HMDA grew out of public concern o ...
(HMDA): enacted in 1975, to provide information that shows whether financial institutions are serving local housing credit needs, and to aid public officials in targeting public investments.
*
Dodd–Frank Wall Street Reform and Consumer Protection Act
The Dodd–Frank Wall Street Reform and Consumer Protection Act, commonly referred to as Dodd–Frank, is a United States federal law that was enacted on July 21, 2010. The law overhauled financial regulation in the aftermath of the Great Recessi ...
(Dodd-Frank): enacted in 2010 as a response to the
financial crisis of 2007–2008
Finance is the study and discipline of money, currency and capital assets. It is related to, but not synonymous with economics, the study of production, distribution, and consumption of money, assets, goods and services (the discipline of fi ...
, it brought the most significant changes to
financial regulation
Financial regulation is a form of regulation or supervision, which subjects financial institutions to certain requirements, restrictions and guidelines, aiming to maintain the stability and integrity of the financial system. This may be handled ...
in the United States since the regulatory reform that followed the
Great Depression
The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...
. It made changes in the American financial regulatory environment that affected all federal financial regulatory agencies and almost every part of the nation's financial services industry.
* TILA-RESPA Integrated Disclosure Rule (TRID): effective October 2015, TRID was required by the Dodd-Frank act and requires the use of new, integrated disclosure forms for consumers at the time of application and settlement-known as the Loan Estimate (LE) and the Closing Disclosure (CD). It builds on the
Truth in Lending Act
The Truth in Lending Act (TILA) of 1968 is a United States federal law designed to promote the informed use of consumer credit, by requiring disclosures about its terms and cost to standardize the manner in which costs associated with borrowing ...
(TILA) enacted in 1968 that requires disclosures about its terms and cost to standardize the manner in which costs associated with borrowing are calculated and disclosed, and the
Real Estate Settlement Procedures Act
The Real Estate Settlement Procedures Act (RESPA) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, . The main objective was to protect homeowners by assisting them in becoming b ...
(RESPA) enacted in 1974 that protects homeowners by assisting them in becoming better educated while shopping for real estate services, and eliminating kickbacks and referral fees which add unnecessary costs to settlement services.
[ ]
Mortgage origination tools
Mortgage origination tools fall into three categories:
* Point Of Sale (POS): the platform that allows the lender to make the sale with a borrower. It may interface directly with the borrower, a loan officer, or both. POS systems may include borrower self-help, data validation, and compliance checking to ensure the loan application is ready for processing and underwriting.
* Loan Origination System (LOS): the platform that takes a completed loan application and facilitates the mortgage transaction from processing to shipping. LOS systems may include document management, designing, and compliance checking to decrease risk and increase loan quality.
* Mortgage origination services: Services that are used throughout the mortgage origination process and include appraisal, pricing, flood, fraud, title, and credit checks.
References
External links
Consumer Financial Protection Bureau (CFPB)
CFPB HMDA page{{Real estate
Mortgage industry of the United States
Loans