Compliance Matters®

What is being done to regulate artificial intelligence?

     I am the bank CFO who wrote you last year about my concerns regarding the fungibility of cryptocurrency, like that of the dollar. I was concerned and skeptical. Your response was helpful. I distributed it to our Board. Since then, I joined a nonbank as CFO. It is a large wholesale lender that has developed cryptocurrency loans – we literally use crypto to create new loan products.
     Nonbanks have much greater flexibility in cryptocurrency for product development. I have been astonished at the product rollout process and how particularly high-net-worth borrowers and crypto-native borrowers are attracted to using cryptocurrency. I wonder how extensive this trend is spreading in the nonbank mortgage market.
     What do you think nonbanks will do to develop cryptocurrency loan products in 2026?

I've read your posts on AI with considerable interest. I am the owner of a Fintech organization that provides AI to mortgage companies. My partners and I get your posts all the time. Few people in the mortgage world seem to be as honest and forthright as you. We have suggested to our clients that they sign up for your AI Policy Program. We want our customers to be fully engaged in working with AI. I am writing you about a disagreement that I have with your portrayal of AI as eventually replacing humans. 
Please engage with me in a discussion of my view. It's OK with me if you want to publish our dialogue. The more discussion, the better for everyone. But I think the gloom-and-doom perspective overlooks the nuances and is not historically valid. 
There is a fundamental error people have about AI. They look at the economy and see a fixed amount of work to be done, like a pie that can only be sliced smaller and smaller as machines take bigger bites. Critics of AI say that AI users see humans as a competitive resource to be eliminated for a finite amount of work and a finite number of problems. This is fundamentally, totally, and completely wrong. 
Does AI adversely affect jobs in the mortgage world?

You may have heard about a major change to Regulation B. They eliminated disparate impact. I also learned that they changed a few other areas that were working to reduce discrimination. As an underwriter, I think this is wrong-headed. I think this reduces fair lending protection.
We met with our lawyer because we have a second review process, which weeds out potential discrimination in our loan process. Our lawyer says there is a shift away from not having to prove intent to discriminate to now having to prove intent. She says that this is a problem because proving intent is extremely difficult. In other words, discrimination is now possible without having to prove intent to discriminate – only the outcome matters.
So, if I get this right, even if the outcome is discrimination, the company that discriminated won't be held responsible if you can't prove an intent to discriminate. I don't understand why disparate impact protection is being weakened. It’s scary!
Do the changes to Regulation B basically eliminate disparate impact?

Compliance Question:
I am the CFO of a Mortgage REIT, a residential mortgage lender, and a mortgage servicer. Our board met to discuss what could happen to our mortgage originations in the event of a global recession. Our secondary and capital markets department is already gearing up for a recession. Our loan originations were affected by rising rates – and not in a good way. Our margins have been compressed, and hedging is difficult. 
Your name came up in the meeting, as one of the board members knows you. The thought was that you have many clients and probably have a good idea about the overall condition of the mortgage banking industry and how it can prepare for a recession. Because of your place in compliance and risk management, she feels that you could shed light on how we can prepare for a recession. Thank you for considering our question! 
How can a mortgage lender protect itself in a global recession?

Two weeks ago, you wrote an article titled Will AI Replace Me? When I read it, I was still employed. Well, it's two weeks later, and I have been fired and replaced by an AI bot. I am still in shock. I really did not think my job was in jeopardy. Other people in my company were also fired and replaced by AI bots.
Yours is the only compliance firm I have come across that explains the positives and negatives of artificial intelligence. I guess, for me, it is a big negative. I have been in the mortgage world for over twenty years. My main positions were in underwriting, processing, and closing. I have looked around for work, and nobody's hiring. I'll bet those positions are now using AI bots.
I don't know what to do next. I'm only forty-five. I have limited savings and a small family. I feel like I'm getting squeezed out of the mortgage industry. A group of us met with our company's COO, and she said the company is moving rapidly toward AI across its origination process. So, it looks like I'm heading for a dead end. It feels like I'm being thrown on a trash heap.
What is happening with these AI bots?
Is it US (the humans) against Them (the AI bots)?
Signed,
Jobless

Our company is building an AI engine to monitor for fair lending violations. The AI system is extensive and includes chatbots. It will be integrated into our LOS and several other systems. We are a large mortgage originator and servicer. We use one of the most well-known platforms for loan originating and servicing. The system offers several new AI features. But we ran our own test against the LOS and found that our AI engine is identifying more fair lending issues than the one embedded in the LOS. 
As the company's General Counsel and Chief Risk Officer, I was shocked that building our own AI system could produce better results than a highly rated, well-established LOS. Granted, our AI system is proprietary and reflects our unique compliance needs. Full disclosure: We have been a client of yours for over 15 years, and we have discussed these and other AI findings with your team in order to mitigate compliance risk. 
I wonder if a one-size-fits-all AI integration in the LOS can really be effective, given that fair lending involves many state and federal regulations. We are testing and monitoring our AI integration, but many companies lack the resources we have and will rely on their LOS provider's results.
Do you think a generic AI system can reduce fair lending violations? 
RESPONSE TO YOUR QUESTION 
Let me begin with my conclusion: there is currently no one-size-fits-all, generic AI system that can be thoroughly relied on to reduce fair lending violations. 
Listen to full episode!

It is at the intersection of humanity and mimicking humanity that your professional role in the future will be preserved or diminished. That is because AI can perform tasks that typically require human intellect, such as reasoning, learning, problem-solving, and perception.

What restrictions will Freddie Mac impose on us if our relationship partners do not comply with their AI requirements as of March 3, 2026?

How should I explain interest rates to borrowers?