We are an OCC bank with a modest sized mortgage production platform, all retail in scope.

We recently went through a reorg of reporting lines and this has sparked some questions.

Is there regulatory guidance that helps us discern which operational activities Mortgage Sales team can help operations with? I know the appraisal process is segregated and sales cannot order the appraisal. How about title insurance? Can sales order title and homeowners insurance? I thought I read somewhere there should be a firewall between sales and operations.

Is it problematic if the underwriting and appraisal review staff reports to a manager who reports to the SVP who oversees Mortgage Banking Sales and has production goals?

Thanks to the Board for your feedback.

RESPA gives the borrower the option as to who writes its title (Section VII) insurance. The bank can provide a list of title companies it prefers and ask the borrower to choose from the list. If the bank requires use of a title company it must disclose it has an affiliated relationship with the title company and the appropriate individuals involved, and any benefit received by the bank must be disclosed
Home owners insurance is handled must the same way. If a particular insurance company or agency is required, the affiliated disclosure must be given and benefits disclosed to borrower.
In the case of the Title insurance the borrower after borrower, provided they were not able to use the title company of their choice, would be entitled to 3 times the cost of the insurance per RESPA. Regardless of pricing of the title insurance.