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#1311188 - 12/22/09 02:26 PM Re: RESPA changes 1-1-10 Mr. E.
#Just Jay Online
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HUD is so helpful... you shoot them an email to further explain an a FAQ, or build on one, and they simply shoot back " as explained in the FAQ #22..." and just cut and paste the FAQ back to you... that is helpful.
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#1311211 - 12/22/09 02:46 PM Re: RESPA changes 1-1-10 #Just Jay
rlcarey Offline
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You have to realize that the people answering the phones cannot intrepret the regulations. If it is not part of their script - that is the type of answer that you will probably get.
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#1311260 - 12/22/09 03:21 PM Re: RESPA changes 1-1-10 Dan Persfull
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Originally Posted By: Dan Persfull
I didn't listen to any of the HUD presentations. From what I'm hearing I'm glad I didn't.

From page 22 of the 11/19/09 FAQs:

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.


To me this plainly states that Block 1 can change in relation to a qualified changed circumstance, however keep in mind that only the charges shown in Block 1 that are affected by the changed circumstance can change.

What I'm most concerned about is page 23 Q&A #4. If we have stated a credit in bullet #2 in block 2 does that asinine answer apply unless the rate and credit are reduced together? We don't have "no cost" loans but I'm concerned they will try to apply that answer to any credit shown in Block 2.

As a lender, we are considering just using the first bullet point in Block 2 for all our loans (even the ones that pay points to buy down the rate) with the exception of our FHA and VA loans because we are a correspondent and fall under the broker definition for those loans.


Dan, what concerns me about their prescribed usage of first bullet, block 2 is that they state it can only be checked by the lender
Quote:
if no additional charges or credits apply.
To me, that says, you can only check that if Block 1 is what it is and there will be nothing in block 2 + or -.
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#1311291 - 12/22/09 03:43 PM Re: RESPA changes 1-1-10 RR Joker
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Spending the morning reading the new Settlement Cost Booklet. On page 25 it says "Line 1102 is the amount of the settlement or closing fee if performed by a company different from the one providing title insurance. This charge is part of the charge listed in Line 1101."

This is the first time I've read anything about separating out the closing fee only if two different companies are used. I thought we always itemized the amount of the closing fee.

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#1311292 - 12/22/09 03:43 PM Re: RESPA changes 1-1-10 SherylB
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SherylB - check out the FAQ of 11/19 - page 6 Q#11. Looks like you need a separate GFE AND a separate HUD-1. No longer will you combine both onto one.
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#1311303 - 12/22/09 03:50 PM Re: RESPA changes 1-1-10 #Just Jay
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Originally Posted By: Just Jay
Or lenders have attached a mortgage to an auto loan... I am not so worried about the recording fees as I am about the 200-250 charge the lender is charging us to review it.

Per HUD's 'plain english' garbage: Block 1 fees CANNOT change, even with a changed circumstance. The exception being: if the loan amount changes and a portion of the origination charge is a percentage of the loan amount or the overall loan program changes.

This leads me to believe that when the title comes back on that refi and we need to the other bank to review and subordinate, where can I put that fee?


bump
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#1311353 - 12/22/09 04:26 PM Re: RESPA changes 1-1-10 #Just Jay
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As far as provider lists: if they are in blocks 4, 5, or 6 and we let them shop, we must provide them a list. Doesn't this mean that any service for which we provide a list will end up in block 6 as that is labelled "required services that you can shop for"?
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#1311445 - 12/22/09 05:19 PM Re: RESPA changes 1-1-10 raitchjay
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I am getting really caught up with the rate lock fee problem. We can't take a fee check until after the GFE is issued and there is intent to proceed so when we initially issue the GFE, we will have to do it without the rate lock fee in the origination charge. However, if the borrower gives us a fee check (including rate lock fee) within 10 bus. days, we are allowed to change the interest-related charges so can we change the origination charge to reflect the rate lock fee on the revised GFE? I am getting caught between HUD saying that you can't change origination charges and the Q and A saying that you can. Plus, a rate lock fee is an interest-related charge.
Any thoughts/suggestions?

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#1311447 - 12/22/09 05:20 PM Re: RESPA changes 1-1-10 Reads Regs
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Quote:
I made some changes to the sample wording you posted. Any comments or suggestions?

"The ABC Bank allows you to shop for certain settlement services. The attached list contains the names of service providers that you may choose to use. The ABC Bank does not specifically endorse these providers and the list is being provided to you in accordance with section 3500.7 of HUD’s Regulation X (RESPA) and the instructions in Appendix C of the regulation.



This looks fine to me. I just took our present form and changed a couple of things. Although you are not required to list your relationship any longer there is no prohibition from doing so that I'm aware of. I basically took the path of least resistance.

I would suggest however informing them the provider they choose must be licensed and regularly perform the service, otherwise they bring in Uncle Jed as their provider. But this is only a suggestion.
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#1311467 - 12/22/09 05:31 PM Re: RESPA changes 1-1-10 ComplianceAsst
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Compliance Asst

Did you get a response to your question regarding where to put property taxes on the GFE?

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#1311469 - 12/22/09 05:37 PM Re: RESPA changes 1-1-10 RR Joker
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Quote:
Dan, what concerns me about their prescribed usage of first bullet, block 2 is that they state it can only be checked by the lender


With the exception of the few FHA and VA loans we process we are the lender. For FHA and VA we are a correspondent, for now anyway.

From Appendix C for Block 2:

For transactions without a mortgage broker, the lender may choose not to separately disclose in this block any credit or charge for the interest rate chosen on the loan; however, if this block does not include any positive or negative figure, the lender must check the first box to indicate that "The credit or charge for the interest rate you have chosen" is included in "Our origination charge" above (see Block 1 instructions above), must insert the interest rate, and must also insert "0" in Block 2. Only one of the boxes may be checked; a credit and charge cannot occur together in the same transaction.
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#1311489 - 12/22/09 05:57 PM Re: RESPA changes 1-1-10 Dan Persfull
Reads Regs Offline
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Originally Posted By: Dan Persfull
This looks fine to me. I just took our present form and changed a couple of things. Although you are not required to list your relationship any longer there is no prohibition from doing so that I'm aware of. I basically took the path of least resistance.

I would suggest however informing them the provider they choose must be licensed and regularly perform the service, otherwise they bring in Uncle Jed as their provider. But this is only a suggestion.


Thanks Dan, I appreciate your input.
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#1311544 - 12/22/09 06:33 PM Re: RESPA changes 1-1-10 #Just Jay
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HUD's Answers To Some Questions - I've posted these outside of this long thread:

1) RE: Can Block 1 Change - discrepancy between FAQ and Plain English Slides: http://www.bankersonline.com/forum/ubbthreads.php?ubb=showflat&Number=1311522#Post1311522

2) Re: Escrow Waiver Fee: http://www.bankersonline.com/forum/ubbthreads.php?ubb=showflat&Number=1309777#Post1309777

I hope this isn't considered double posting, but for search purposes, I thought it might be helpful to have those outside of this long thread to find.
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#1311711 - 12/22/09 08:05 PM Re: RESPA changes 1-1-10 OldSchoolBanker
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Found it!!
Thanks so much!
Sheryl

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#1311738 - 12/22/09 08:16 PM Re: RESPA changes 1-1-10 ComplianceAsst
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Originally Posted By: ComplianceAsst
Does anyone know what block real estate taxes that are due go on the new GFE?

RE Taxes do not show up on the new GFE.
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#1311753 - 12/22/09 08:26 PM Re: RESPA changes 1-1-10 Dan Persfull
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Originally Posted By: Dan Persfull
Quote:
Dan, what concerns me about their prescribed usage of first bullet, block 2 is that they state it can only be checked by the lender


With the exception of the few FHA and VA loans we process we are the lender. For FHA and VA we are a correspondent, for now anyway.

From Appendix C for Block 2:

For transactions without a mortgage broker, the lender may choose not to separately disclose in this block any credit or charge for the interest rate chosen on the loan; however, if this block does not include any positive or negative figure, the lender must check the first box to indicate that "The credit or charge for the interest rate you have chosen" is included in "Our origination charge" above (see Block 1 instructions above), must insert the interest rate, and must also insert "0" in Block 2. Only one of the boxes may be checked; a credit and charge cannot occur together in the same transaction.



Right, I understand, but if you charge discount points, what I don't get is when they say you can only check the first box IF no additional charges or credits apply.

If you have discount points, are you going to show that in the origination charge, rather than in box 3? Discount points aren't a charge designated AS an origination charge, so I'm skeptical on this.

Last edited by RR joker; 12/22/09 08:27 PM.
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#1311785 - 12/22/09 08:40 PM Re: RESPA changes 1-1-10 RR Joker
#Just Jay Online
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We are putting it into the origination charge.
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#1311876 - 12/22/09 09:18 PM Re: RESPA changes 1-1-10 #Just Jay
Dan Persfull Offline
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Quote:
what I don't get is when they say you can only check the first box IF no additional charges or credits apply


Where is this coming from? The FAQs or Appendix C?
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#1311904 - 12/22/09 09:26 PM Re: RESPA changes 1-1-10 #Just Jay
MarieR Online
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I am suffering from RESPA burnout so I apologize if this doesn't flow correctly.

Important Date Section question- I am trying to figure out what dates/numbers to put in this section for a secondary market loan that the rate has not been locked at the time the GFE is issued. I know that I have to put a number of days in line 3 (go to settlement within xx days of rate lock), but would I use the same number in line 4 (you must lock rate xx days before settlement)?

This is my logic- If you have to go to settlement within xx days of the rate lock then wouldn't you have to lock the rate within the same number of days before settlement?

Please set me straight if this is not correct- thanks for your help.
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#1312021 - 12/22/09 11:17 PM Re: RESPA changes 1-1-10 CalifDreamin
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Originally Posted By: FlamingoGal
HUD's Answers To Some Questions - I've posted these outside of this long thread:

1) RE: Can Block 1 Change - discrepancy between FAQ and Plain English Slides: http://www.bankersonline.com/forum/ubbthreads.php?ubb=showflat&Number=1311522#Post1311522

2) Re: Escrow Waiver Fee: http://www.bankersonline.com/forum/ubbthreads.php?ubb=showflat&Number=1309777#Post1309777

I hope this isn't considered double posting, but for search purposes, I thought it might be helpful to have those outside of this long thread to find.


FlamingoGal thanks for posting this here. Can I ask what e-mail address are you sending your questions to? I've sent some questions on different dates to hsg-respa@hud.gov and have only gotten one reply. They replied to me pointing out a problem with a link on the RESPA page. If you are using a different e-mail address and don't want to post it here, would you please send me a PM? Thank you.
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#1312025 - 12/22/09 11:22 PM Re: RESPA changes 1-1-10 Reads Regs
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[quote]FlamingoGal thanks for posting this here. Can I ask what e-mail address are you sending your questions to? I've sent some questions on different dates to hsg-respa@hud.gov and have only gotten one reply. They replied to me pointing out a problem with a link on the RESPA page. If you are using a different e-mail address and don't want to post it here, would you please send me a PM? Thank you.[/quote] That is the same email address I'm sending my questions to. I think I'm up to maybe 10-15 questions, and I've received 3 replies so far.
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#1312029 - 12/22/09 11:25 PM Re: RESPA changes 1-1-10 CalifDreamin
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Okay, thanks.
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#1312053 - 12/23/09 12:41 AM Re: RESPA changes 1-1-10 Reads Regs
Runreb Offline
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Provider List
If bank requires the closing of home purchase loans to be closed at an attorney's office (attorney prepares HUD form and closing of the loan) and we permit the borrower to choose the attorney, then, we MUST provide a Settlement Services Provider List [of attorneys] on purchases. Is my understanding correct?
Thanks

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#1312058 - 12/23/09 03:14 AM Re: RESPA changes 1-1-10 Runreb
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Correct...BUT, and this is a big but...the list does not have to be all inclusive or even have more than one name on it. If you are using a cost quote from a specific attorney, he's the only one that has to be on your list. Think about it. If the borrowers choose him, your GFE is correct. If you have three names on your list and they choose another attorney with a higher fee and it's out of the tolerance, you eat the difference. If they choose someone not on your 'list' there is no longer a tolerance that has to be met.

This has been discussed on this thread a few times before and was also a point addressed on the HUD presentation two weeks ago.

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#1312085 - 12/23/09 12:59 PM Re: RESPA changes 1-1-10 shea930
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Originally Posted By: shea930
We have our attorney do title exam, prepare HUD, and prepare mortgage for us. Would the fee for them to prepare the mortgage go in Block 1 or Block 4? HUD's Q & A if you look under Block 1 question (6)and HUD-1 - 1100 series question (3) they totally contradict each other.


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