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

Fed survey: Unbanked status continues to vary among income, ethnic groups

Fed survey: Unbanked rate little changed in 2025

Compliance and Risk
May 13, 2026

Roughly 6% of U.S. adults were unbanked last year, a figure that has held steady since 2021. Fed survey also polled experience with scams, credit availability and cryptocurrency use.

CFPB’s Chopra says agency will move forward with rulemakings

Chopra to lead new California agency overseeing banks

Compliance and Risk
May 13, 2026

California Gov. Gavin Newsom has appointed former Consumer Financial Protection Bureau Director Rohit Chopra to lead the state’s new business regulation and consumer protection agency, according to an announcement.

Digital debit: Table stakes for consumer payments

Digital debit: Table stakes for consumer payments

Payments
May 13, 2026

To ensure the highest level of security, what does the right level of friction in the process look like?

ABA, associations urge lawmakers to finalize deal on debt ceiling

House passes bills to streamline community bank reg burden

Community Banking
May 12, 2026

The TRUST Act and SMART Act would raise the threshold to $6 billion in assets for well-managed, well-capitalized banks to have less frequent exams, as well as streamlining the exam experience for qualifying banks under that threshold.

FinCEN issues human trafficking notice for FIFA World Cup

FinCEN issues human trafficking notice for FIFA World Cup

Compliance and Risk
May 12, 2026

FinCEN has issued a notice urging increased vigilance by banks and other financial institutions for signs of human trafficking in and around cities hosting the 2026 FIFA World Cup.

New York Fed: Household debt reaches nearly $18T

New York Fed: Household debt holds at $18.8T in Q1

Economy
May 12, 2026

Household debt increased by $18 billion, or just 0.1%, to hold steady at $18.8 trillion in the first quarter of 2026, the Federal Reserve Bank of New York reported in its most recent Quarterly Report on Household Debt...

NEWSBYTES

Senate confirms Warsh as Fed chairman

May 13, 2026

Producer prices rose 1.4% in April

May 13, 2026

Fed survey: Unbanked rate little changed in 2025

May 13, 2026

SPONSORED CONTENT

Credit Memos at the Convergence Point

Credit Memos at the Convergence Point

May 1, 2026
Digital Account Opening: Think Outside the Box for Maximum Business Impact

Digital Account Opening: Think Outside the Box for Maximum Business Impact

April 29, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

Why Your Systems Keep Slowing Down — and What to Do About It

April 21, 2026
Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

How leading banks are enhancing customer engagement through financial data insights

April 10, 2026

PODCASTS

Podcast: How an Ohio banker talks with policymakers about stablecoin issues

May 6, 2026

Podcast: Tech transformation and AI to power bank growth

April 29, 2026

Podcast: ABA’s ecosystem strategy to tackle fraud

April 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.