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LOAN REVIEW
Compliance
A Complete Suite of Compliance Solutions
Clayton offers compliance solutions that cover all sections of the mortgage
continuum from origination to pre-foreclosure analysis. Our High Cost Focus
(HCF) & High Cost Analyzer (HCA) modules are designed to review open files from
GFE through funding. The Clayton Loan Analysis System (CLAS) is designed to
review closed files.
High Cost Focus & High Cost Analyzer
High Cost Focus
A cost-effective and highly efficient way to filter all loans for potential
high-cost threshold violations. Loans that are subject to high-cost thresholds
are flagged and can be transferred to Analyzer for in-depth analysis.
High Cost Analyzer
Detailed and comprehensive compliance tests, including:
- Federal & (HOEPA)
- Over/Under Disclosure by APR + Finance Charge
- State-Specific Prepayment Penalties
- State Covered Loans
- GSE Specific Tests
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- State High-Cost by Fees and APR
- Right of Rescission Calculations
- Texas Equity
- Mortgage Insurance Payment Stream
- Re-calculation of Payment Streams
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Our web-based software is installation free and very user friendly,
allowing your team to key in data and begin testing compliance today. We also
offer data integration, working with you to extract data directly from your LOS
or other data management system and deliver a result-set to your application in
a standard MISMO or customized format.
High Cost Focus & High Cost Analyzer Results
Better salability: Using these solutions, you can perform the same compliance
testing the buyers and sellers of your loans will perform in the secondary
market, providing you complete confidence in the results.
Increased efficiency:
These automated solutions provide efficiencies that allow your compliance
personnel to analyze more loans in less time.
Expanded reach: Wholesale
originators, correspondents and buyers can be confident that they will comply
with unfamiliar high-cost regulations as they expand into new geographic
territories.
CLAS
CLAS is primarily targeted to the due diligence of closed loans.
Underwriters confirm whether material disclosures are properly provided and, if
required by law or for audit purposes, signed and dated. Testing is performed to
ensure that the loan was originated in compliance with the laws that Clayton is
testing for. The focus is on laws that, if violated, subject the assignee to
liability, or provide the borrower with actions, defenses and/or counterclaims
that it can enforce against the assignee.
Detailed and comprehensive compliance tests, including:
- Federal & (HOEPA)
- Over/Under Disclosure by APR + Finance Charge
- RESPA and FACTA disclosures
- Identification of HDMA-reportable loans
- State-Specific Prepayment Penalties
- State Covered Loans
- GSE Specific Tests
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- State High-Cost by Fees and APR
- Right of Rescission Calculations
- Texas Equity
- Mortgage Insurance Payment Stream
- Re-calculation of Payment Streams
- Borrower's interest testing
- Non-traditional mortgage and subprime guidance testing
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CLAS Exception Tracking
Clayton has developed over 1,200 standardized codes to allow our clients to
assess risk at both the loan level and across an entire portfolio. This
exception tracking system combined with commentary from our expert underwriting
staff gives our clients a credit risk assessment unparalleled in the industry. Additionally, when Clayton is engaged for numerous reviews of a similar nature,
exception/result trend reporting is available.
CLAS Results
Understanding of the seller and portfolio: CLAS will identify loans that may
need to be removed from the sale, and may uncover patterns and practices of
noncompliance that can provide an opportunity to educate your client on better
practices.
Effective sampling methodology: Clayton’s review and reporting will
provide you with the information you need to decide the sample size of the loans
that you want to review before purchasing the portfolio. You will be able to
identify issues as they develop into trends during the course of the review.
Confidence in Representations and Warranties: By reviewing a representative
sample, as well as by increasing the sample size based on early reports, you
will be able to make your compliance-based representations and warranties with
greater confidence.
More efficient resales: If you decide to sell the loans that
have gone through CLAS, you will understand which loans should pass diligence by
your purchaser, and which loans may be questioned.
Up to Date & Accurate
Clayton ensures that its compliance systems are up to date and accurate via
numerous ways:
- Staff: On-staff attorneys monitor and interpret
legislation and court decisions in regards to residential mortgage lending,
servicing and secondary market sales.
- Outside Counsel: Clayton partners with outside
counsel for legal opinions and advice on mortgage lending laws and the scope of
Clayton’s testing.
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- Resources: Clayton utilizes numerous sites, groups
and resources to stay abreast of all relevant legal activity.
- Audits: Clayton engages independent law firms with
compliance expertise for annual audits of Clayton’s compliance system and scope.
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