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#1309274 - 12/18/09 04:38 PM
Re: RESPA changes 1-1-10
Oursisnottoreasonwhy
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Gold Star
Joined: Oct 2009
Posts: 270
State of Confusion
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Does the new Hud Settlement Cost booklet get handed out with all GFE's or only purchase money as in the past? I believe it's still on purchases only.
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#1309297 - 12/18/09 04:48 PM
Re: RESPA changes 1-1-10
Carolina Blue
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10K Club
Joined: Jul 2001
Posts: 84,514
Galveston, TX
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"Thanks Randy. I know the Mortgage Manager's going to ask, so what is the difference between paying a third party to underwrite a loan and paying a third party to perform a flood determination or appraisal? RESPA defines underwriting as as settlement service so why does the underwriting 3rd party fee have to go in Block 1 but all other third party settlement services go in Block 3?"
Ours is not to explain why HUD has set the rules the way they have, just that we interpret them correctly. Show the Mortgage Manager this FAQ:
2) Q: Where does the loan originator put the lender‘s processing fee on the GFE?
A: All loan originator charges—including processing, application, administration fees, underwriting, document preparation, wire, lender inspection, mortgage broker, loan handling, and other miscellaneous fees—are contained in Block 1, ―Our origination charge‖.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com
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#1309407 - 12/18/09 06:06 PM
Re: RESPA changes 1-1-10
rlcarey
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Power Poster
Joined: May 2009
Posts: 3,567
Ohio
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Question regarding section 2 of important dates (This estimate for all other settlement charges is available through:):
We're trying to hard code as much information into our system as we can and we'd like to put this in the section:
"30 Days from Date of GFE"
Can we do this or do we need a particular date? I thought it may work because the date of GFE is listed on the same form.
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#1309418 - 12/18/09 06:14 PM
Re: RESPA changes 1-1-10
Buccs
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100 Club
Joined: Jul 2009
Posts: 187
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Section 3500.7(f)(6): What is a "new home purchase" Does this mean that if we have a new home purchase, if disclosed on the GFE, we can issue a revised GFE anytime up until 60 calendar days before closing for any reason??
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#1309430 - 12/18/09 06:20 PM
Re: RESPA changes 1-1-10
rockchalk02
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100 Club
Joined: Jul 2009
Posts: 187
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Further reading--page 68221 of final rule 1st column--construction loans.
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#1309456 - 12/18/09 06:39 PM
Re: RESPA changes 1-1-10
RR Joker
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Member
Joined: Jul 2008
Posts: 92
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If a financial institution is willing to absorb the 10% tolerance, they can select service providers and not allow the borrower to shop GFE blocks 3-6?
The F/I would not have to supply provider list right?
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#1309459 - 12/18/09 06:41 PM
Re: RESPA changes 1-1-10
rockchalk02
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10K Club
Joined: Oct 2006
Posts: 14,390
Cheeseheadland
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***Dead Horse Beating Alert***
We currently do preapprovals (with documented income) without a property address. I am trying to determine what could so drasticaly change on my GFE by simply naming the property after the fact. My figures for appraisal, CR, flood, tax service, orig, DU, etc, pretty much don't change.
What as I missing here, that people are afraid to continue to issue a GFE w/o and addy and do preapprovals??
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#1309488 - 12/18/09 06:57 PM
Re: RESPA changes 1-1-10
#Just Jay
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10K Club
Joined: Aug 2002
Posts: 47,706
Bloomington, IN
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We're trying to hard code as much information into our system as we can and we'd like to put this in the section:
"30 Days from Date of GFE" Not IMO. It's my understanding (from the instuctions to "state" the date) #1 and #2 of the important dates section must have specific dates. Appendix C reads as foolows: In Line 2 the loan originator must state the date until whe the estimate of all other settlement charges for the GFE is availiable.
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The opinions expressed are mine and they are not to be taken as legal advice.
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#1309507 - 12/18/09 07:08 PM
Re: RESPA changes 1-1-10
jlroberts
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Member
Joined: Jan 2009
Posts: 69
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You cannot change the origination charge in Block 1 even for most changed circustances. HUD clarified that on their recent conference calls. We originally thought a Fannie Mae/Freddie Mac LLPA would go in Block 1 with the first box in block 2 checked. BUT since the origination charge cannot change (even if appraisal came back differently), we are putting the LLPA charge in Block 2, Box 3 (although it doesn't quite make sense!). But we can go back and change that number and the adjusted origination charges for a different appraisal that affects the LLPA and that is why we think it should go there! (Until further guidance).. That's my interpretation too, Kristin. We are putting LLPAs and escrow waivers (0.25%) in block 2. In a way, it does make sense though. Those fees can also go against the interest rate if the customer prefers, so in a way it very much does belong in block 2 and not 1. So, if you have a credit and a charge, you are netting all of that out and showing it either in box 2 or box 3? I have thought all along that Box 3 (because it uses the term "points") has been refering only to discount points...ugh. I must be missing something. Where does it say the Block 1 can not change (period)? Page 3 of the GFE states that the fees can not increase once the rate is locked. Page 13 of the FAQ explains the changed circumstances. Item (2) Information particular to the borrower or transaction that was relied on in providing the GFE and that changes or is found to be inaccurate after the GFE has been provided, which information may include information about the credit quality of the borrower, the amount of the loan, the estimated value of the property, or any other information that was used in providing the GFE. Page 22 - question of the FAQ states that the fees can not increase unless there is a changed circumstance. We are going to quote all applicable delivery fees in Block 1 with the first box in block 2 checked based on the information have at the time of the GFE. It is easier to tell a customer that the GFE provided is a worse case scenario. It clearly states in (2) if information changes or is found to be inaccurate than we have a changed circumstance. We do not lock a rate until we have all the items necessary to approve the loan. We do not approve a loan until we have the appraisal. The delivery fees, which are part of our origination charges, are dependant upon the credit score and LTV. We know the credit score at the time of the GFE because we can obtain a credit report prior to giving the GFE. If the appraisal comes back lower, than that changes the LTV, therefore we have a changed circumstance. If the appraisal comes back the same, the fees we quoted will be correct. If the appraisal comes back higher, the LTV will be lower and the fees will either be the same as quoted or decrease. On the HUD conference calls held the past couple of weeks, the HUD attorney went over this. If you go to her slides (posted on the HUD webiste), it states on p. 13 that "Block 1 fees cannot change, even with a changed circumstance". The only exception being if the loan amount changes and a portion of the origination charge is a % of the loan or the overall laon program changes. The LLPA item was addressed in the 11/19/09 version of the FAQs. The question was presented generally and HUD responded to it talking about mortgage broker LLPAs but we feel since you cannot change Block 1, we must put the Fannie Mae/Freddie Mac LLPA in Block 2, Box 3. The verbiage says points but this is where we think it should go because of the fact it is a risk based pricing adjustment that will probably change based on appraisal, which in turn affects LTV. Any other opinions on this?
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#1309519 - 12/18/09 07:29 PM
Re: RESPA changes 1-1-10
rlcarey
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Platinum Poster
Joined: Jul 2005
Posts: 961
Lost in a regulatory fog
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Thanks yet again Randy. I wasn't trying to get you to explain the impossible. It just gets frustrating trying to teach these changes to others when there appears to be very little logic involved in the changes.
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#1309588 - 12/18/09 08:42 PM
Re: RESPA changes 1-1-10
Dan Persfull
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Power Poster
Joined: May 2009
Posts: 3,567
Ohio
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Thanks for your input Dan. I had my doubts but I was hoping otherwise...
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#1309649 - 12/18/09 09:23 PM
Re: RESPA changes 1-1-10
jlroberts
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Power Poster
Joined: Jan 2008
Posts: 6,389
Looking for My Happy Place....
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Hello Happy People! Do I remember reading in here "somewhere" that if a bank does in-house appraisals and charges for them - the charge would have to be included in the origination charges in Block #1 because of retaining the fee? I could be halucinating...just sayin'
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#1309681 - 12/18/09 09:49 PM
Re: RESPA changes 1-1-10
jlroberts
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Power Poster
Joined: Oct 2009
Posts: 9,249
OK
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If our flood determination fee is technically not charged to the borrower (it is absorbed as part of our doc. fee), does that mean we just don't put anything on our GFE about flood? On the old GFE, we didn't have it as an itemized stand-alone estimated cost, we just had Federal Flood listed as a required provider. With no required provider page anymore, i'm confused as to what to do. Never had to think as much about RESPA stuff as i am now. Any help is appreciated.
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#1309708 - 12/18/09 10:12 PM
Re: RESPA changes 1-1-10
RR Joker
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New Poster
Joined: Apr 2007
Posts: 8
Minnesota
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Does anyone out there have a form they are using for the providers list that they'd like to share???
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#1309770 - 12/18/09 11:05 PM
Re: RESPA changes 1-1-10
MyKidsMom
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Power Poster
Joined: Oct 2009
Posts: 9,249
OK
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but isn't it already there since the doc fee is in the origination charge already (block 1)?
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#1309773 - 12/18/09 11:06 PM
Re: RESPA changes 1-1-10
raitchjay
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Power Poster
Joined: Oct 2009
Posts: 9,249
OK
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if i show a credit, don't i don't i double report it?
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#1309791 - 12/18/09 11:20 PM
Re: RESPA changes 1-1-10
raitchjay
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Diamond Poster
Joined: May 2005
Posts: 1,813
Giant side of TX
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If our flood determination fee is technically not charged to the borrower (it is absorbed as part of our doc. fee), does that mean we just don't put anything on our GFE about flood? On the old GFE, we didn't have it as an itemized stand-alone estimated cost, we just had Federal Flood listed as a required provider. With no required provider page anymore, i'm confused as to what to do. Never had to think as much about RESPA stuff as i am now. Any help is appreciated. You require the Flood Determination to do the loan {you could look at the map and fill out the SFHD yourself }. Therefore - You are requiring a 3rd Party Service and choosing the Provider, SO this has to go in block 3 as a fee. Because you absorb it out of the total fees to you in Block 1 - - - You should also mark the second Box in Block 2 and indicate the <Negative Amount> = it washes with Block 3
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My opinions are just that, and might be worth what you paid for them.
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#1309810 - 12/18/09 11:38 PM
Re: RESPA changes 1-1-10
qualitycontrol1
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Platinum Poster
Joined: Sep 2003
Posts: 730
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Does anyone out there have a form they are using for the providers list that they'd like to share??? I would be very interested in a copy of the form for the providers as well. Also does anyone have an acceptance form they are using to document the customer's intent to go ahead with the loan? How about a form to document changed circumstances?
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#1309861 - 12/19/09 12:41 PM
Re: RESPA changes 1-1-10
RR Joker
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10K Club
Joined: Aug 2004
Posts: 10,321
oHiO
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iT SHOULD be itemized in 1100, just as it states. thanks RR ~ once you step away from it and come back to it with your answer it reads better.
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#1309985 - 12/21/09 02:53 PM
Re: RESPA changes 1-1-10
jlroberts
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Member
Joined: Jan 2009
Posts: 69
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Thanks for the information on that slide. It looks like that presentation was for FHA loans. Unless there is a new FAQ that has not been posted on the website I think we are going to stick with the FAQ page 22,
3) Q: Can the charge shown on the GFE, Block 1, "Our origination charge", increase after the GFE has been issued? A: No. Block 1, "Our origination charge" cannot increase unless there is a "changed circumstance" as defined in 24 CFR § 3500.2.
That presentation was not for FHA loans. That is just one of HUD's logos at the top of the screen. It was the "RESPA Plain English" webinar. It is still posted on their site if you want to check it out. I understand if you don't feel comfortable with relying on a slide but Vicki Bott definitely stressed this point of not changing the origination charge, only changing the adjusted origination charge for a changed circumstance. Hopefully more FAQs come out soon....
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#1310090 - 12/21/09 03:39 PM
Re: RESPA changes 1-1-10
Runreb
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Gold Star
Joined: Oct 2009
Posts: 270
State of Confusion
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Regarding prequalifications where you have five pieces of info, but not the property address, are you continuing to mail the individual the same prequal. letter as you did prior to the new RESPA changes? What disclosures (notice to home loan app., credit score discl., right to receive copy of appraisal, servicing discl., affiliated business,etc.) do you send with the prequal. letter? Also, do you phrase it something to the effect of: You are pre-qualified for a loan in the amount of $xxxxxxxx. This is based on a 30 year fixed rate at the current rate of 6.00%. The estimated principal and interest payments would be$xxx. The following documents are required to process the file after we receive your intent to proceed... then list all of the enclosed disclosures plus note income and asset verifications, etc. will be needed following intent.
We don't send the score notice separately. We have the credit bureau send it out. Thanks!
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Waiter, there's too much pepper in my paprikash
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