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#1328968 - 01/22/10 05:00 PM
Re: RESPA changes 1-1-10
QCL
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Power Poster
Joined: Jul 2002
Posts: 5,568
New Jersey
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This is going to sound harsh, and it's not meant to be. However, helping the consumer is not our primary concern; regulatory compliance is. I know its only January, but for my money This is Post of the Year Just for you guys I created the following: http://diy2.despair.com/spage/8240091.html OH, that is too funny! Hey, can I get any royalties from the sale of that poster? I could use them to offset my increased expenses for Tums.
Last edited by Sinatra Fan; 01/22/10 05:01 PM.
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Management is doing things right; leadership is doing the right things. Peter Drucker
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#1328999 - 01/22/10 05:20 PM
Re: RESPA changes 1-1-10
RR Joker
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10K Club
Joined: Nov 2000
Posts: 18,765
Central City, NE
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Not sure if I understand. We will not be charging any fees on the 2nd REM since the costs were included for the 1st REM. So, do we have to show the fees even though we're not charging them on the 2nd REM or can we just put zeroes? I was reading in the FAQs that for "no cost" loans a credit should be listed in Block 2, which would result in a negative number in Block A. Does this make sense?
Ah! You are talking about origination fees. IMHO, unless you want to give the borrower money...you need to show the total origination fees (that would be charged) in Block 1, then show an offset credit in Block 2 for a net of Zero in A. I've been thinking about this a lot. I believe you are doing 1 settlement and have 2 loans (80/20). All fees have to be shown, but not on BOTH HUD-1s. List all fees on the 80% financing loan and then only list fees specific to the 20% loan. If you don't do this and you are outside of tolerance, you have to reimburse them twice for the same error. If you list a credit on the 2nd loan and fees come in lower, you have to give them the credit (since you can't reduce Block 2/802).
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#1329049 - 01/22/10 05:56 PM
Re: RESPA changes 1-1-10
RR Joker
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Platinum Poster
Joined: Nov 2007
Posts: 767
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Ok,so I understand if once the rate locks, origination fees in Block 1 change this is ok even if the customer decides to lock his rate during the original 10 day period?
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#1329054 - 01/22/10 05:58 PM
Re: RESPA changes 1-1-10
Still Smiling
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10K Club
Joined: Nov 2002
Posts: 20,656
The Swamp
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Look at the details of the important dates, #1. then look at the languge in #2 (all OTHER).
If I come in and apply today and you guarantee my rate for the next fifteen minutes, anything regarding that information can change at 15.1 minutes later. Everything ELSE, however, has to be good for 10 days.
then, if they lock in 2 days later, you do a new 10 days and adjust your other blocks now that you have the info you need for 3 & 4. Nothing else in the 10-day part can change, except what was affected by the rate lock, unless you have additional changed circumstances.
Last edited by RR joker; 01/22/10 06:00 PM.
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My opinion only. Not legal advice. Say you'll haunt me - Stone Sour
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#1329151 - 01/22/10 07:01 PM
Re: RESPA changes 1-1-10
Sinatra Fan
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Gold Star
Joined: May 2005
Posts: 298
Maryland
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This is going to sound harsh, and it's not meant to be. However, helping the consumer is not our primary concern; regulatory compliance is. I know its only January, but for my money This is Post of the Year Just for you guys I created the following: http://diy2.despair.com/spage/8240091.html OH, that is too funny! Hey, can I get any royalties from the sale of that poster? I could use them to offset my increased expenses for Tums. Thanks, I just made this my desktop wallpaper : )
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#1329213 - 01/22/10 07:26 PM
Re: RESPA changes 1-1-10
RobinB
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10K Club
Joined: Nov 2002
Posts: 20,656
The Swamp
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Mine is now hanging proudly on my door just under the "do not torment, etc, the CO" sign.
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My opinion only. Not legal advice. Say you'll haunt me - Stone Sour
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#1329343 - 01/22/10 08:23 PM
Re: RESPA changes 1-1-10
Mr. E.
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10K Club
Joined: Nov 2002
Posts: 20,656
The Swamp
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loan amount and based on a percentage, yes.
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My opinion only. Not legal advice. Say you'll haunt me - Stone Sour
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#1329429 - 01/22/10 09:15 PM
Re: RESPA changes 1-1-10
RR Joker
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Platinum Poster
Joined: May 2008
Posts: 915
Orlando, FL
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We just prepared our first HUD1-A for a bank paid closing cost HELOAN. What a nightmare!
BYTE doesn't have the HUD1-A ready yet in their software, so I tried to use the one from HUD...thinking it was a PDF fill-in form...but it's not fillable. So, we make a copy of it and type everything in.
In the process, we found that the mortgage recording fee was $8.50 more than disclosed, which represented a 15.3% increase in the fee! Since it was bank paid closing costs anyway, we just left it the way it is ... showing a 15.3% increase in the fee on page 2 of the HUD1-A.
Did anyone notice that the HUD doesn't have a place for the borrowers signature? So, we typed in a place on the bottom of the form...thinking surely they want the borrower to sign it!?
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#1329453 - 01/22/10 09:31 PM
Re: RESPA changes 1-1-10
Many Hats
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Power Poster
Joined: Oct 2009
Posts: 9,250
OK
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There is intentionally no place to sign it and according to HUD, you are not supposed to add signature lines.
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#1329465 - 01/22/10 09:37 PM
Re: RESPA changes 1-1-10
raitchjay
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Member
Joined: Dec 2009
Posts: 72
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There is intentionally no place to sign it and according to HUD, you are not supposed to add signature lines. raitchjay, actually, if you look at 3500.9 of HUD's Reg X, the addition of signature lines is a permissible change on the Settlement Statement. You are expressly not permitted to add signature lines to the GFE.
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#1329489 - 01/22/10 09:45 PM
Re: RESPA changes 1-1-10
Comply Wren
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Platinum Poster
Joined: May 2008
Posts: 915
Orlando, FL
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Thank you for the clarification.
Why on earth would they not have signature lines on the HUD?
Let me ask another question...let's say the HELOAN was NOT bank paid and instead the borrower was paying the closing costs.
Would the fact that the recording fee went from $55.50 to $64.00, representing a 15.3% increase really cause us to have to re-disclose and delay closing (or eat the cost - which is what we would likely do)?
I almost wonder if we should over disclose on recording fees, just in case someone has a monster legal description, which will cost an extra $8.50.
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#1329672 - 01/23/10 12:37 AM
Re: RESPA changes 1-1-10
Comply Wren
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100 Club
Joined: Mar 2008
Posts: 156
California
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There is intentionally no place to sign it and according to HUD, you are not supposed to add signature lines. raitchjay, actually, if you look at 3500.9 of HUD's Reg X, the addition of signature lines is a permissible change on the Settlement Statement. You are expressly not permitted to add signature lines to the GFE. You can't add signature lines to the GFE??
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#1329725 - 01/23/10 11:38 PM
Re: RESPA changes 1-1-10
Chance
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Power Poster
Joined: Aug 2002
Posts: 3,094
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Customer usually want us to overnight funds to payoff a loan at a 3rd party bank to avoid paying additional interest. The bank does not require this. Will this fee have to be in our origination charge, even if we are not requiring this service? If it doesn't go into our origination charge, where do we put it?
HUD-1 – General 1) Q: How are courier and overnight delivery fees shown on the HUD-1 Settlement Statement? A: Courier and overnight delivery fees are considered to be fees for administrative or processing services. They are part of a primary service, such as the origination service or title service, and may not be separately itemized.
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#1329767 - 01/25/10 12:53 PM
Re: RESPA changes 1-1-10
Sinatra Fan
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10K Club
Joined: Aug 2004
Posts: 10,321
oHiO
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This is going to sound harsh, and it's not meant to be. However, helping the consumer is not our primary concern; regulatory compliance is. I know its only January, but for my money This is Post of the Year Just for you guys I created the following: http://diy2.despair.com/spage/8240091.html OH, that is too funny! Hey, can I get any royalties from the sale of that poster? I could use them to offset my increased expenses for Tums. Love it. I have it as my background on computer! Thanks!
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#1329812 - 01/25/10 02:31 PM
Re: RESPA changes 1-1-10
ahou
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10K Club
Joined: Nov 2002
Posts: 20,656
The Swamp
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Customer usually want us to overnight funds to payoff a loan at a 3rd party bank to avoid paying additional interest. The bank does not require this. Will this fee have to be in our origination charge, even if we are not requiring this service? If it doesn't go into our origination charge, where do we put it?
HUD-1 – General 1) Q: How are courier and overnight delivery fees shown on the HUD-1 Settlement Statement? A: Courier and overnight delivery fees are considered to be fees for administrative or processing services. They are part of a primary service, such as the origination service or title service, and may not be separately itemized. ahou, you are not requiring it so it will go in the 1300 section of the HUD (miscellaneous customer junk)
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My opinion only. Not legal advice. Say you'll haunt me - Stone Sour
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#1329816 - 01/25/10 02:34 PM
Re: RESPA changes 1-1-10
Many Hats
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10K Club
Joined: Nov 2002
Posts: 20,656
The Swamp
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Thank you for the clarification.
Why on earth would they not have signature lines on the HUD?
Let me ask another question...let's say the HELOAN was NOT bank paid and instead the borrower was paying the closing costs.
Would the fact that the recording fee went from $55.50 to $64.00, representing a 15.3% increase really cause us to have to re-disclose and delay closing (or eat the cost - which is what we would likely do)?
I almost wonder if we should over disclose on recording fees, just in case someone has a monster legal description, which will cost an extra $8.50.
Did your total of all 10% items exceed 10%? Those items don't stand alone, it's an aggregate. As far as delaying closing, it really shouldn't. It will be shown as a correction with you "eating" it and you go ahead and close. You will or should know this well in advance of closing in order to get the corrections made. Curiously tho. How are you using a HUD-1A on a bank-paid closing cost loan..there's no 200 section.
Last edited by RR joker; 01/25/10 02:36 PM.
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My opinion only. Not legal advice. Say you'll haunt me - Stone Sour
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#1329831 - 01/25/10 02:50 PM
Re: RESPA changes 1-1-10
RR Joker
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Junior Member
Joined: Jul 2009
Posts: 42
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Our bank charges a $25 insurance non tracking fee on every real estate loan that goes to pay an annual insurance premium the bank has purchased. We show it as paid to the bank on the HUD even though it will be forwarded on to a third party eventually. Would this go in block 1 of the GFE or block 3?
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#1329839 - 01/25/10 02:54 PM
Re: RESPA changes 1-1-10
Brooks1435
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10K Club
Joined: Aug 2002
Posts: 47,706
Bloomington, IN
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I will assume this is a service similar to a Tax Service fee. That charge would go in Block 3 and on the HUD you would have to identify the party the $25 is paid to. It would also be a PPFC.
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The opinions expressed are mine and they are not to be taken as legal advice.
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#1329840 - 01/25/10 02:55 PM
Re: RESPA changes 1-1-10
Brooks1435
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10K Club
Joined: Nov 2002
Posts: 20,656
The Swamp
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If it's actually going to a 3rd party (eventually), you should be showing that in Block 3 and name the eventual party i the Paid to: on the HUD.
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My opinion only. Not legal advice. Say you'll haunt me - Stone Sour
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#1330572 - 01/25/10 11:36 PM
Re: RESPA changes 1-1-10
OldSchoolBanker
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10K Club
Joined: Oct 2006
Posts: 14,390
Cheeseheadland
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On the HUD, where are others listing the upfront MIP and VA Fundign fees??
Harland is telling us to report on line 902, which I am cautious of, but I cannot find a more reasonable place for it.
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#1330574 - 01/25/10 11:39 PM
Re: RESPA changes 1-1-10
#Just Jay
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Member
Joined: Apr 2008
Posts: 89
Midwest
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Jay, we are putting the upfront MIP in 902, but the VA funding fees, FM fees, we are putting in 808-813.
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