ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Compliance and Risk

Can a Bank Lose its Small Servicer Exemption if it Originates Mortgage Loans That It Sells But Still Services?

September 4, 2020
Reading Time: 3 mins read

By Leslie Callaway, CRCM, CAFP; Mark Kruhm, CRCM, CAFP; and Rhonda Castaneda, CRCM

Q Under the mortgage servicing rules, would a bank lose its small servicer exemption if it originates mortgage loans that it sells to an investor but still services?

A If your bank originated the loan, the bank still qualifies as a small servicer if all other conditions are met.

Comment 2 to §1026.41(e)(4)(ii) of Regulation Z explains that to qualify as a small servicer, the servicer must service only mortgage loans for which the servicer (or an affiliate) is the creditor or assignee. “To be the creditor or assignee of a mortgage loan, the servicer (or an affiliate) must either currently own the mortgage loan or must have been the entity to which the mortgage loan obligation was initially payable (that is, the originator of the mortgage loan).”

In your case, the mortgage loan was initially payable to the bank. Of course, the bank must meet the other condition that, together with any affiliates, it services 5,000 or fewer mortgage loans for which the servicer (or affiliate) is the creditor or assignee. (Response provided June 2020.)

Q If, due to forbearance or similar promotion, a home equity line of credit customer is not required to make a payment for a period of time (for example, three months), is a periodic statement still required under Regulation Z?

A Yes. Under, §1026.5(b)(2)(i) and the related commentary, periodic statements are required in any billing cycle on which a finance charge has been imposed or on which an account has a debit or credit balance of $1 or more. Simply removing or not imposing interest does not, by itself, eliminate the requirement to provide a statement. Exceptions to this statement requirement are limited to situations where an account is deemed “uncollectible”; delinquency collection actions have started; the account has been charged off and no additional fees or interest will be charged; or where furnishing the statement would violate federal law. Moreover, other provisions of the regulation may be affected by the date the periodic statements are mailed or delivered, such as §1026.13 which relating to billing error resolutions. (Response provided June 2020.)

Q An individual borrower on a consumer unsecured line of credit has requested that the bank add an additional borrower to the account. Does Regulation Z require the bank to provide the new borrower account-opening disclosures?

A No. Section 1026.5(d) explains, “If there is more than one consumer, the disclosures may be made to any consumer who is primarily liable on the account.” (Different rules apply in transactions subject to the right of rescission.) However, there may be legal or similar provisions (for example, state or contract law) that would warrant providing a copy of the agreement and other information to the new borrower. Please check with legal counsel for guidance. (Response provided June 2020.)

Q Is there any fair lending risk associated with consideration of foster care payments as income, assuming the applicant provided it voluntarily?

A No, assuming the same consideration is made for all similarly situated applicants. Note that there is generally no prohibition in considering income from any source. However, there are restrictions on what information lenders may request. For example, §1002.5(d) in Regulation B indicates a creditor may not inquire whether income stated in an application is derived from alimony, child support or separate maintenance payments. However, that prohibition does not extend to foster care payments, which appear not to qualify as such. (Response provided June 2020.)

Answers are provided by Leslie Callaway, CRCM, CAFP, director of compliance outreach and development; Mark Kruhm, CRCM, CAFP, senior compliance analyst; and Rhonda Castaneda, CRCM, senior compliance analyst, ABA Regulatory Policy and Compliance. Answers do not provide, nor are they intended to substitute for, professional legal advice. Answers were current as of the response date shown at the end of each item.

Tags: AccountsFair lendingHELOCsServicing
ShareTweetPin

Related Posts

CFPB releases mortgage servicing proposal, overhauls loss mitigation framework

Trump proposes regulatory overhaul to promote housing finance, construction

Community Banking
March 13, 2026

The White House proposed a series of regulatory changes and rollbacks to expand access to mortgages and spur new housing construction.

ABA Data Bank: Crude oil rises to 10-month high

OFAC lifts Russia oil sanctions for one month

Compliance and Risk
March 13, 2026

OFAC has authorized Russian oil exports through April 11 to ease pressure on rising fuel prices following the start of military operations in Iran.

Fed’s Bowman outlines proposed bank capital rules

Fed’s Bowman outlines proposed bank capital rules

Community Banking
March 12, 2026

Federal Reserve Vice Chair for Supervision Michelle Bowman previewed a series of proposed bank capital reforms she said would reduce capital requirements for large banks by a small amount and result in “slightly larger” reductions for smaller banks.

Mortgage rates fall

Mortgage rates rise

Economy
March 12, 2026

The rate for a 30-year fixed-rate mortgage was 6.11% this week. The rate for a 15-year fixed-rate mortgage was 5.5%.

FHFA to create affordable housing advisory committee

Senate passes bipartisan housing package

Mortgage
March 12, 2026

The Senate passed a bipartisan bill seeking to boost housing supply by removing regulatory barriers and creating incentives for communities that build more homes.

ABA: Partial claim option for veteran homeowners needs further work

ABA: Partial claim option for veteran homeowners needs further work

Mortgage
March 12, 2026

A proposal to implement a new policy to help veterans and servicemembers pay their mortgages needs further revision if it is to work as intended, ABA said in a letter to the Department of Veterans Affairs.

NEWSBYTES

ABA DataBank: Stable credit risk in corporate bond markets

March 13, 2026

Trump proposes regulatory overhaul to promote housing finance, construction

March 13, 2026

Court tosses subpoenas against Fed’s Powell

March 13, 2026

SPONSORED CONTENT

How top agricultural lenders are approaching AI, automation and innovation in 2026

How top agricultural lenders are approaching AI, automation and innovation in 2026

March 2, 2026
Top 7 FP&A Trends in Banking for 2026

Top 7 FP&A Trends in Banking for 2026

March 1, 2026
How Instant Payments Can Accelerate B2B Payments Modernization

How Instant Payments Can Accelerate B2B Payments Modernization

February 3, 2026
Digital Banking: The Gateway to Customer Growth and Competitive Differentiation

Digital Banking: The Gateway to Customer Growth and Competitive Differentiation

February 1, 2026

PODCASTS

Podcast: From stablecoin to fraud, top takeaways from the 2026 ABA Summit

March 13, 2026

Podcast: How the SCAM Act would encourage platforms to go after scammers

February 4, 2026

A new kind of ‘community bank’ for small businesses

January 22, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.