It did not take long after the Silicon Valley Bank failure for politicians in Washington to rush to the next available microphone and lament the “loosening of bank regulations”. Instinctively the finger pointing began, and in many quarters ended up in the direction of the prior administration’s policy to generally roll back stringent business regulations and allow free market decisions to govern various industries. Chief among the complainants (no pun intended) was Sen Elizabeth Warren, who emerged out of the 2008 crisis as an architect and advocate for the Wall Street Reform Act and the creation of the vaunted Consumer Financial Protection Bureau ( CFPB), which she briefly directed. Just yesterday in DC’s The Hill publication, Sen Warren was reported as blaming the the collapse of Silicon Valley Bank on Republicans in Congress, which in 2018 helped pass a law to ease bank regulations put in place following the 2008 financial crisis. “No one should be mistaken about what unfolded over the past few days in the U.S. banking system: These recent bank failures are the direct result of leaders in Washington weakening the financial rules,” Warren is quoted as saying. According to The Hill piece, Warren, who voted against the 2018 bank deregulation bill, said that the crises would have been avoided if the banks were required to hold more liquid assets because the bill exempted banks with less than $250 billion in assets from rigorous Fed stress tests. Warren and other Democrats say the old rules could have caught the issues at SVB sooner. Given that politicians generally “never let a crisis go to waste,” many now suspect that the banking industry is about to be slammed with heightened regulatory scrutiny, tighter operational rules, more audits and exams, and larger and very public fines, penalties and consent orders. What does this mean for independent mortgage bankers (IMBs)? It means that they have to get back to the compliance mindset they were frightened into adopting between 2008 and 2018, and before the bottoming out of interest rates led everyone to believe that easy money was here to stay and that self-regulation meant hiring more loan officers. Keep those risk management officers and compliance directors close by folks, we are all in for a bumpy ride on the regulatory

Secure Insight, the leading provider of technology solutions to prevent wire fraud and mortgage closing fraud, surveyed 48,356 nationwide settlement professionals over the period August 1, 2023, through August 18, 2023. Specifically, the survey asked whether attorneys, escrow officers and title agents had experienced wire fraud incidents in the past 12 months, had been a witness to fraud in a transaction (involving other parties), carried cyber insurance coverage, and conducted cyber fraud training.

With wire fraud and cyber-attacks dominating the news, and with conflicting and sometimes erroneous reports of the nature and magnitude of these events being published, SI wanted to hear the story straight from the professionals who are conducting closings and in the best position to observe and experience wire fraud and closing fraud.

A summary of the responses reflects very interesting statistics.

Twenty percent (20%) of the survey respondents had themselves been victims of wire fraud and attempted cyber fraud to intercept bank proceeds in the past 12 months, placing an estimated $560 Million dollars of lender funds at risk.
Thirty-one percent (31%) of respondents stated that they had witnessed fraud in a transaction where another party was victimized, frequently the seller or a real estate agent.
Although only twenty-four percent (24%) of settlement agents were asked by lenders to provide evidence of cyber insurance coverage, seventy-two percent (72%) have purchased and carry coverage in the event of a loss.
Most encouraging, the survey found that a full ninety-one percent (91%) of settlement agents conduct formal cyber fraud detection and prevention training for their employees.
Andrew Liput, SI CEO observed, “These survey reflects the significant dangers lurking in the mortgage industry with respect to the privacy of financial communications, the exposure of electronic funds transfers to potential man-in-the-middle hacking efforts, and the risk to lenders of losing all or a portion of their proceeds during the closing of a residential mortgage transaction. While the increase in cyber coverage is a positive step in offsetting losses, it is not risk management and only shifts the risk of loss to insurers who are rapidly increasing premiums and deductibles or no longer covering these risks.”

Education, training and adopting a risk management program through an internal process or outsourcing to a vendor remain the best bets to avoid these losses.

Secure Insight is a nationwide wire fraud and mortgage closing fraud risk management prevention company located in New Jersey. Founded in 2012, the company was the first to focus on wire fraud and vendor management risks experienced by mortgage lenders. Since 2012 it has supervised more than 20 million residential mortgage closings on behalf of lenders with zero fraud losses and maintains a database of thousands of professionals nationwide whom it monitors for fraud risk.

For more information, please visit http://www.secureinsight.com or contact Amanda Padd at ap***@se***********.com