Massachusetts DBO Enters Into Consent Order with Mortgage Lender Over Pre-Disbursement Interest Charges

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On August 12, the Massachusetts Division of Banks made public its second quarter enforcement actions, including a consent order that it had entered into on April 21 with a California-based mortgage lender and broker concerning its alleged practice of charging borrowers per diem interest between the funding date of the loan and the date the funds were disbursed to the borrowers.  The consent order noted that the mortgage lender has since conducted a review of all Massachusetts loans closed between October 1, 2012 through March 31, 2015 and has reimbursed all borrowers for the full amount of interest collected during that period.  Under the terms of the consent order, the mortgage lender agreed to implement and maintain policies and procedures to ensure that, in a mortgage refinance transaction, loan proceeds are made available to the borrower on the business day following the expiration of the rescission period, and to expand independent audits to include fair lending, Home Mortgage Disclosure Act, and Equal Credit Opportunity Act reviews.

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