Quality Control: Threat of Downsizing

QUESTION 

I am the manager of our quality control department. We do our own quality control and use an outside auditor. We originate high production and have multiple channels. And we are in 30 states. Our CEO told me that he wants to downsize my department and also pull production audits from the outside auditor. He says our defect ratios show we are doing well and don’t need to maintain quality control to the same extent. 

I tried to tell him that he is seeing the positive effect of quality control, and that downsizing it and removing the outside auditor will cause the defect ratio to worsen. If anything, he should be maintaining or even increasing my staff and external auditor because our production is rapidly increasing. Frankly, I couldn’t change his mind. 

So, I am appealing to you. Our CEO passes your articles out at almost every management meeting. He uses them as ways to encourage discussion. I want him to read your reply. I have been reading your articles for years, and I am familiar with your stance on maintaining a strong quality control department. 

How does mortgage quality control protect the lender? 

SOLUTIONS 

Quality Control Audits 

QC Tune-up 

ANSWER 

Your question comes as a surprise to me, since compliance in general and quality control in particular should be the very last departments to be downsized. If there are mitigating circumstances for the cutback, such as a substantial drop in production or a change in the company's configuration, then I suppose reducing quality control may be warranted. But, even then, it must be done carefully, slowly, judiciously, and with full awareness of any impact on investor due diligence and contractual requirements. 

Lenders Compliance Group offers quality control auditing. But, unlike most quality control companies that veered into mortgage compliance, morphing into a compliance firm, we began as a compliance firm and subsequently established a fully staffed quality control affiliate, carefully managed by an executive director, experienced personnel, compliance professionals, and attorneys. LCG Quality Control, our quality control auditing group, oversees the entire audit process, from the smallest to the largest production, and delivers reports in accordance with GSE and portfolio guidelines, pursuant to timing requirements. We know whereof we speak when it comes to quality control.  

MORE THAN JUST DEFECT RATIOS

Quality Control is far more than just maintaining defect ratios. Wherever you got that impression, get rid of it. You are putting your mortgage company at considerable risk, a risk that is so high that your company will likely implode in a matter of days if you fail to maintain the necessary departmental and auditing staff levels. Cut elsewhere, but do not cut the operational needs of quality control! 

Mortgage quality control (“QC”) protects lenders by mitigating financial risk through the identification and correction of process errors, ensuring compliance with regulations, and maintaining the quality of loan portfolios. This, in turn, prevents costly buybacks from investors, such as the GSEs, and reduces the likelihood of loan defaults. 

Indeed, QC is a component of the Second Line of Defense; in fact, its exact placement depends on the financial institution's structure, as QC functions can also be embedded within the First Line of Defense. The Second Line of Defense typically comprises risk management and compliance functions that provide oversight, develop policies, and monitor activities to ensure adherence to regulations and internal standards. Therefore, when a QC function is established within or aligned with these oversight departments, it serves as a "second-line control." 

QC is crucial for identifying and preventing errors; the specific placement of the QC function determines whether it serves as a First or Second Line of Defense. Regardless of its placement, QC plays a detective role in identifying issues after they occur and provides an early warning mechanism to management, thereby strengthening the overall control structure. 

Consider how quality control impacts the following risk categories. 

RISK MITIGATION 

Let’s start with mitigating risk. Two specific areas that QC impacts are default rates and loan buybacks. QC confirms that loans adhere to federal, state, local, and investor regulations (for instance, Fannie Mae guidelines), thereby avoiding penalties, legal issues, and breaches of contract.

Raided by ICE - Employees Detained

QUESTION 

Our company was raided by ICE last week. Two of our loan officers were taken away in handcuffs. They were not read any rights. They were just taken from their desks, put in cuffs, and walked out. Our HR Department notified their families. 

It was a shock to all of us. I am a loan officer and asked our lawyer for permission to write to you about it. We have no guidelines on what to do if ICE shows up, but we’re trying to figure out what to do if ICE shows up. We do not want any trouble, and there is a lot of fear. 

Our lawyer, compliance people, and HR manager are putting together some guidelines. But many of us here get your newsletter, and we would like you to provide a few guidelines to follow if ICE comes back. 

What should we do if ICE raids our company? 

Do our employees have any rights? 

SOLUTION 

ICE Tune-up® 

RESPONSE 

If ICE raids your company, remain calm and cooperate with the agents. However, you can protect your legal rights and those of your employees. The first action to take is to immediately contact legal counsel and have a designated employee accompany ICE agents during the raid. If you have not selected such an employee liaison, do so now. 

Document everything, including the names of agents, areas searched, and items seized. But, do not obstruct or interfere with the search, and also do not provide false information or hide employees. 

I will offer some suggestions for immediate actions and a few things to consider. The following list is not meant to be comprehensive (and I am not providing legal advice). Facts and circumstances often dictate the response and appropriate legal actions. If you have questions, you can contact us. 

If you want to be prepared for an ICE visit, you should consider our ICE Tune-up®, a mini-audit that determines whether you are ready for such a visit. Our pioneering Compliance Tune-up is in considerable demand. If you need this audit soon, I urge you to contact us to schedule it. 

IMMEDIATE ACTIONS

·    Contact Counsel

I suggest you notify legal counsel about the raid.

 

·    ICE Team

Designating an ICE Team is essential. Whoever has first contact with ICE agents should know to contact the company’s designated ICE Team members so they can start implementing the ICE raid protocols.

 

·    Document

Designate an employee to take detailed notes, including agent names, badge numbers, areas searched, and persons or items seized.

 

·    Stay with the Agents

Select an employee to accompany ICE agents during the search to observe and document.

 

·    Verify Warrants

Request and review any warrants presented by ICE agents. Many ICE raids are being conducted using administrative warrants. Ensure they are judicial warrants (viz., signed by a judge) and understand their scope.

o   Court Warrant – A federal or state court judge issues a judicial (or court) warrant. It gives ICE access to non-public spaces of the facility in accordance with the terms of the warrant. Even if ICE has a court warrant, it is important to review the warrant to ensure it has the correct company name and address, is properly signed and dated by a judge, includes a timeframe within which the search must be conducted, any restrictions, and contains a description of the premises to be searched and a list of items or people to be seized (i.e., equipment, records, workers).

o   Administrative (or No Warrant) – If ICE has no warrant or only an administrative warrant (i.e., signed by ICE on Forms I-200 or I-205), the warrant does not permit ICE to access non-public spaces.

But if ICE proceeds, do not argue with or impede ICE. Instead, document your objections, which can be used later in a court challenge.

What to Expect from a Fannie MORA audit?

Request Article 

Request MORA Tune-up® Information 

QUESTION 

Last month, you answered a question about doing an internal audit in advance of Fannie’s MORA audit. We did not pay much attention to it because (A) we never had a MORA audit, and (B) we did not expect a MORA audit anytime soon. Then, all hell broke loose! 

Yesterday, we got a letter from Fannie Mae telling us that they will be scheduling a date for an on-site audit. They are requesting policies, procedures, and many other documents. There are due dates. This review makes a state banking exam look like child’s play. But I’m a QC manager, so I don’t have the whole picture of our risks. However, I do know one thing: we are not ready for this MORA audit. 

The CEO called a team meeting in the conference room. Our compliance manager is in charge, and everyone reports to her. I got your name at the meeting because she said we are going to use you to do a MORA Tune-up®. I just wish they would have done this sooner. 

What I need – and I think they need it too – is some idea of what we can expect from the MORA exam. I hope you don’t wait to reply. The compliance manager and others in management read your articles. They pass them around to us all the time. Please tell us what to expect about the MORA process. 

What is the audit process of a Fannie MORA audit? 

SOLUTION 

MORA Tune-up® 

RESPONSE 

If you want a copy of this article, please contact us here. 

We realize your question is urgent. Accordingly, we are prioritizing a response. You only have a few weeks to get ready for the MORA audit, the purpose of which is for Fannie Mae to evaluate your company’s compliance with Fannie guidelines as well as assess the operational risks. 

For those who don’t know, Mortgage Origination Risk Assessment (MORA) is a Fannie Mae review of a Fannie Seller/Servicer. It is intended to be a collaborative engagement led by the review team with the active participation of your organization.[i]

Getting our MORA Tune-up® engaged is one of several readiness activities you must undertake as soon as possible. Ours is the pioneer of the Compliance Tune-up, a unique review that provides a risk assessment and self-evaluation to satisfy the Second Line of Defense. I am grateful that your compliance manager chose Lenders Compliance Group. Nevertheless, to all our subscribers, please know that a few compliance and law firms offer to prepare you for the MORA review. Pick one you trust and get it done! 

There are seven phases in the MORA review process, and I will outline them for you. My outline will give you a high-level view. You should not delay! 

Here are the seven phases of a MORA review: 

Phase 1: Selecting the Organization 

Phase 2: Confirmation and Engagement 

Phase 3: Document Request and Receipt 

Phase 4: Process Evaluation 

Phase 5: Interviews 

Phase 6: Final Assessment 

Phase 7: Remediation 

I am going to provide a brief overview of each phase. However, numerous contingencies can affect the process and outcome. Take this review as a deep dive, one that will make your company stronger and its relationship with Fannie more durable. It is not too late to get started immediately. 

PHASE 1: SELECTING THE ORGANIZATION 

Fannie Mae selects organizations for a review using risk-based inclusion criteria and provides advance notice to the organization prior to scheduling the review. A member of the review team begins the process by compiling the organization’s pertinent contact information to start the review before moving to Phase 2. 

We are often asked if there is a way to predict whether and when the selection takes place. The short answer is No. The best answer is Soon. In other words, always be prepared.

PHASE 2: Confirmation and Engagement 

There are obviously two parts to this phase: the first part involves confirmation, and the second part involves scheduling. These two parts are interfaced. What happens is your point person – in your case, the compliance manager – will discuss Fannie’s BAMS team, that is, its Business Account Management Solutions team, to discuss some basics. The MORA team is independent of the BAMS team. This is a sort of Question and Answer format where the BAMS team gathers the following information: