Vendor Vetting
Vendor Vetting Solutions
TRID (TILA-RESPA Integrated Disclosure rule) highlights two requirements and their interdependence. Firstly, CFPB indicated the lender is ultimately responsible for the service provider and that the lender must manage the service provider and ensure accreditation to ensure no harm to the borrower. Secondly, CFPB indicates the lender must based on loan type, provide a list of available settlement service providers.
The CFPB continues to reinforce the Regulation Z, 12 CFR 1026.36(f) requirements to ensure the loan officer, appraiser and other third-party service provider are accredited and managed to ensure no harm to the borrower. And in the CFPB bulletin, they state the lender is liable for any harm caused to the borrower by the third parties.
TRID also reinforces the creditor’s requirement to provide the consumer with a written list of available settlement service provider within three business days after receipt of the consumer’s application.
The requirement to provide the borrower with a list focuses attention on the need for action by the lender on ensuring accreditation of those the lender provides in the list. How can the lender provide the list if they don’t first create a policy and procedure and implement the procedures to conduct their due diligence and ongoing monitoring of the third-party service providers.
CFPB documents state:
The CFPB expects supervised banks and nonbanks to have an effective process for managing the risks of service provider relationships.
To limit the potential for statutory or regulatory violations and related consumer harm, supervised banks and non-banks should take steps to ensure that their business arrangements with service providers do not present unwarranted risks to consumers. These steps would include, but are not limited to:
Conducting thorough due diligence to verify that the service provider understands and is capable of complying with Federal consumer financial law;
Requesting and reviewing the service provider’s policies, procedures, internal controls, and training materials to ensure that the service provider conducts appropriate training and oversight of employees or agents that have consumer contact or compliance responsibilities;
Including in the contract with the service provider clear expectations about compliance, as well as appropriate and enforceable consequences for violating any compliance-related responsibilities, including engaging in unfair, deceptive, or abusive acts or practices;
Establishing internal controls and on-going monitoring to determine whether the service provider is complying with Federal consumer financial law; and Taking prompt action to address fully any problems identified through the monitoring process, including terminating the relationship where appropriate.
Typical Lender Vetting Program
|
Typical due diligence & monitoring components
|
BDV
|
Lender
|
Vendor
|
|
Define Policy & Requirement
|
|
|
|
|
Risk Assessment (NPPI, loan influence)
|
|
√
|
|
|
Contractual and Insurance requirements
|
|
√
|
|
|
Develop written policies and procedures
|
|
√
|
|
|
Vendor Screening & Verifications
|
|
|
|
|
Company, owner, agent review
|
√
|
|
|
|
Licenses, regulatory sanction history
|
√
|
|
|
|
Criminal, civil court check
|
√
|
|
|
|
Review and rate
|
|
√
|
|
|
Vendor Documentation
|
|
|
|
|
Corporate history, qualifications, references
|
Archive vendor documents, set status
|
|
√
|
|
Prior audit results / SAE 16
|
|
√
|
|
SIG, Security & training & operating policies
|
|
√
|
|
Financials, insurance coverage
|
|
√
|
|
Review and rate
|
|
√
|
|
|
Ongoing Monitoring
|
|
|
|
|
Licenses, sanctions, new court records
|
New record alert
|
|
|
|
Submit updated corp. documents, audit results
|
Refresh reminders
|
√
|
√
|
|
Review and rate
|
|
√
|
|
|
Program Management
|
|
|
|
|
New vendor setup
|
√
|
√
|
|
|
Vendor document archive & index
|
√
|
|
|
|
Lender staff training
|
|
√
|
|
|
Demonstrate compliance
|
√
|
√
|
|
|
Risk mitigation and compliance integrity
|
|
|
|
|
Loan level service provider status confirmation
|
√
|
√
|
|
|
Service Provider issue tracking and status change
|
Update status
|
√
|
|
please contact CIC Credit today to get your custom quote and vendor vetting program started today!