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#1318988 - 01/06/10 06:45 PM
Re: RESPA changes 1-1-10
biz
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10K Club
Joined: Nov 2002
Posts: 20,656
The Swamp
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Probably more stupid questions . . . but then that seems to be the norm for me for the last several weeks!!!!!
#1)If a customer arrives at the bank, ready to make application and has with him, his tax returns we can accept them at that time, even though the GFE will not be issued at that time, it will be mailed, and the receipt of such is not dependent on the issuing of the GFE within the next 3 days, right? That's right, see FR page 68240, 3500.7(a)(5).
#2) Block 4-if we do not allow the customer to shop for all the providers used that make up the estimate that goes in this block they do not have to be listed on the provider list, right? 12/30 FAQ #8 on page 12/13 seems to say otherwise. Right, if you don't allow them to shop, you don't have to provide a list. What #8 is saying is that if you use a different provider for settlement, itself, vs title insurance and services, you have to list both AND their FEES...but this is if you allow them to shop...or at least that's the way I read it. We don't do that, so I haven't concentrated much on it.
(We have a fee paid to the county, for a tax certificate that must be presented when recording a deed. The charge can not be shopped for. This type of fee was specifically listed in the old rules as 1100 series charge-its not covered in the new ones. Its to assure the Register of Deeds that all property taxes are paid. It is not a tax service.) My opinion on this type fee would be that it would go in the 1200 series-it's paid to the county and it's related to assuring THEM that taxes are paid
Thanks again.
Last edited by RR joker; 01/06/10 06:50 PM.
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My opinion only. Not legal advice. Say you'll haunt me - Stone Sour
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#1319013 - 01/06/10 06:55 PM
Re: RESPA changes 1-1-10
swiggles
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Power Poster
Joined: Aug 2001
Posts: 7,369
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We're having to provide and pay an interpreter at a closing for a loan to a hear-impaired individual. Since we're paying the fee, it will be POC. Would this fee be listed in the 1300 series? Does anyone know the answer to this question? Sorry, this is the first exposure we've had to this type of a fee and the fact that we're required to pay it for the borrower.
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#1319035 - 01/06/10 07:04 PM
Re: RESPA changes 1-1-10
swiggles
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Junior Member
Joined: Jul 2005
Posts: 46
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Would anyone be willing to help me get a little higher comfort level with disclosing fees for inspections in conjunction with construction loan draws? My understanding is that they are to be included in the origination fee in block 1 of the GFE and on line 801 of the settlement statement if they are paid to the bank. If that is correct, would the same be true if they are collected by the bank but passed on to the appraiser who completed the inspections? Would the timing of collecting the fees have any effect on disclosures, for example, collecting the fees at closing vs. collecting at the time of each inspection? Thanks so much for any clarification you can provide.
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#1319041 - 01/06/10 07:06 PM
Re: RESPA changes 1-1-10
swiggles
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100 Club
Joined: Sep 2009
Posts: 213
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RESPA states that you can't collect a fee, other than the credit report, until after the borrower shows intent to proceed. What if the seller is paying for the appraisal? Would it be acceptable to collect this fee from the seller, before the borrower shows intent?
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#1319059 - 01/06/10 07:21 PM
Re: RESPA changes 1-1-10
Truffle Royale
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100 Club
Joined: Sep 2009
Posts: 213
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That was my exact thought, but try telling that to a loan officer. They just don't listen to reason.
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#1319083 - 01/06/10 07:33 PM
Re: RESPA changes 1-1-10
BNKO
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10K Club
Joined: Jul 2003
Posts: 17,410
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That's why I'd just tell them 'no, you can't.' No fee (from ANYONE) other than credit report until intent to proceed. period.
Your other option is 'No but if you decide to go ahead anyway, I'll need your signature on this memo so I can have it on hand to show the examiners.'
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#1319099 - 01/06/10 07:39 PM
Re: RESPA changes 1-1-10
CalifDreamin
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Gold Star
Joined: Apr 2007
Posts: 295
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I saw something similar to this asked earlier in this thread, but couldn't locate the answer - I did try. I've looked at the GFE instructions and the FAQs but can't find the answer there either. Hoping someone here knows as we have 3 systems all calculating it differently....
Our question relates to how to properly complete the "Summary Of Your Loan" section of the new GFE for an ARM loan - specifically, the payment fields that come at first adjustment and the maximum the payment can rise to over the life of the loan. On Page 1 of the GFE, in the "Summary of your loan" section, the 7th box down asks: "Even if you make your payment on time, can your monthly amount owed for P & I , and any mortgage insurance rise?" On an adjustable rate loan, this will be answered "yes, the first increase can be in (#1) months and the monthly amount owed can rise to $ (#2) . The maximum it can ever rise to is $ (#3)." My questions are relating to the blanks listed as 1, 2 & 3. Let's say it's a 5 year adjustable on a 30 year note, with caps of 1% each adjustment, 5% cap over life of loan. Rate starting at 6.00% . Obviously #1 will show 60 months. #2 will have a payment amount that it will be at the 5-yr (60 month) adjustment point (1% adjustment). I need to know what balance this payment is to be calculated from: the current balance at the 5 year point, or the original loan amount? The original loan amount doesn't make sense to me, but we are getting three different figures from 3 different mortgage systems and can't tell what that payment is to be calculated from. I have not been able to find guidance on this in the regulation, instructions to the GFE, or in the FAQ to provide to the vendors to tell them how it's supposed to be done. #3 is supposed to show what the maximum monthly payment amount can ever rise to (at the ceiling). Again...what balance is to be used to calculate this payment? On that loan scenario above, the max rate is could go up to would be 11.00% over the life of the loan...what balance is used to calculate that payment? Thank you very much for your assistance!
We have similar questions FlamingoGal. Did you receive a response to this that I missed? I just want to be sure it doesn't get lost.
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I use to think I was a smart cookie before I started working in Compliance. Now, I have mastered the art of the blank stare!
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#1319101 - 01/06/10 07:39 PM
Re: RESPA changes 1-1-10
BNKO
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100 Club
Joined: Oct 2004
Posts: 192
New Orleans, La.
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My mortgage dept. wants to be able to provide a potential applicant a closing cost estimate worksheet or be able to provide an applicant that has NOT selected a property a closing cost estimate worksheet. This would be a worksheet that outlines the proposed loan information like loan amount,rate, term and also provides estimates as to detailed closing costs. It of course would have language on the bottom that this is not a good faith estimate but relects estimates of charges you are likely to incur, that they are eatimates and these estimates are provided to assist potential applcants in evaluaitng financing needs, rates subject to chage, at time of applcaition you will be provided a Good Faith Estimate, etc.
What do you think? Can we give out such a documant?
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#1319111 - 01/06/10 07:44 PM
Re: RESPA changes 1-1-10
Compliance Chick
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Power Poster
Joined: Nov 2008
Posts: 4,132
Somewhere in the middle
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My mortgage dept. wants to be able to provide a potential applicant a closing cost estimate worksheet or be able to provide an applicant that has NOT selected a property a closing cost estimate worksheet. This would be a worksheet that outlines the proposed loan information like loan amount,rate, term and also provides estimates as to detailed closing costs. It of course would have language on the bottom that this is not a good faith estimate but relects estimates of charges you are likely to incur, that they are eatimates and these estimates are provided to assist potential applcants in evaluaitng financing needs, rates subject to chage, at time of applcaition you will be provided a Good Faith Estimate, etc.
What do you think? Can we give out such a documant? Your people mus tbe thinking the same as mine. I got the smae question today. (Less specific than yours, but would tell "typical cost" associated with the type of loan you are seeking)
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#1319112 - 01/06/10 07:44 PM
Re: RESPA changes 1-1-10
Compliance Chick
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100 Club
Joined: Nov 2004
Posts: 237
USA
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I personally heard Ivy Jackson say at a RESPA workshop that HUD has no objections to providing this type of document, as long as it is clearly labeled so the applicant understands it is not a Good Faith Estimate.
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#1319192 - 01/06/10 08:44 PM
Re: RESPA changes 1-1-10
manylayers
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Power Poster
Joined: Feb 2005
Posts: 6,559
Foxboro
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We are doing the same....
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#1319253 - 01/06/10 09:20 PM
Re: RESPA changes 1-1-10
Reed
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Platinum Poster
Joined: Nov 2005
Posts: 614
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::Dumb question of the day alert::
You only have to list owner's title insurance on purchase transactions, correct?
Thanks Correct
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#1319268 - 01/06/10 09:28 PM
Re: RESPA changes 1-1-10
swiggles
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10K Club
Joined: Nov 2000
Posts: 18,765
Central City, NE
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We're having to provide and pay an interpreter at a closing for a loan to a hear-impaired individual. Since we're paying the fee, it will be POC. Would this fee be listed in the 1300 series? Does anyone know the answer to this question? Sorry, this is the first exposure we've had to this type of a fee and the fact that we're required to pay it for the borrower. I'll take a stab at this since no one is trying. I don't think this is a settlement service and since your paying for it, I don't think it needs to go on the GFE or Settlement Statement. Quite honestly, I'm guessing.
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#1319276 - 01/06/10 09:35 PM
Re: RESPA changes 1-1-10
J2C
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10K Club
Joined: Nov 2000
Posts: 18,765
Central City, NE
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2. If you don't lock the rate, you must still complete #2 in the Dates section (10 business days). When you lock rates, you must complete #1, 3 & 4 and you must extend #2 for 10 more business days. David, thanks for your response. Can you direct me to where you can find the information you provided in answer #2? See Q&A #2, 4, 5 & 6 in the "GFE-Important Dates" section of the FAQs.
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#1319329 - 01/06/10 09:58 PM
Re: RESPA changes 1-1-10
TB 12
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Member
Joined: Dec 2009
Posts: 72
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Wow, I think all our great minds must think alike!! We are "test driving" a similar form at our bank. Ours is basically an estimate of anticipated closing costs to be given in conjuction with our prequal certificate. We also developed a GFE "supplement" to show a truer picture of what they need to close (i.e. seller assist, downpayment, items they would pay that aren't on the GFE, etc.)
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#1319389 - 01/06/10 11:11 PM
Re: RESPA changes 1-1-10
Comply Wren
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Power Poster
Joined: Aug 2002
Posts: 3,094
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Oh goodness, one of our ln officers forgot to mark the box for escrowing taxes and gave the GFE to the customer with the wrong amount in box 9 for the inital deposit. He called to lock the rate and she is giving a revised GFE because of the rate lock. I guess the reason "quoted the wrong init escrow amt" is not a changed circumstance...and we can't change it on the revised GFE, correct?
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#1319392 - 01/06/10 11:14 PM
Re: RESPA changes 1-1-10
80's Lady
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Diamond Poster
Joined: Mar 2002
Posts: 2,284
Far from Calif
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80's Lady.... Originally Posted By: FlamingoGal I saw something similar to this asked earlier in this thread, but couldn't locate the answer - I did try. I've looked at the GFE instructions and the FAQs but can't find the answer there either. Hoping someone here knows as we have 3 systems all calculating it differently....
Our question relates to how to properly complete the "Summary Of Your Loan" section of the new GFE for an ARM loan - specifically, the payment fields that come at first adjustment and the maximum the payment can rise to over the life of the loan.
On Page 1 of the GFE, in the "Summary of your loan" section, the 7th box down asks: "Even if you make your payment on time, can your monthly amount owed for P & I , and any mortgage insurance rise?" On an adjustable rate loan, this will be answered "yes, the first increase can be in (#1) months and the monthly amount owed can rise to $ (#2) . The maximum it can ever rise to is $ (#3)." My questions are relating to the blanks listed as 1, 2 & 3.
Let's say it's a 5 year adjustable on a 30 year note, with caps of 1% each adjustment, 5% cap over life of loan. Rate starting at 6.00% .
Obviously #1 will show 60 months.
#2 will have a payment amount that it will be at the 5-yr (60 month) adjustment point (1% adjustment). I need to know what balance this payment is to be calculated from: the current balance at the 5 year point, or the original loan amount? The original loan amount doesn't make sense to me, but we are getting three different figures from 3 different mortgage systems and can't tell what that payment is to be calculated from. I have not been able to find guidance on this in the regulation, instructions to the GFE, or in the FAQ to provide to the vendors to tell them how it's supposed to be done.
#3 is supposed to show what the maximum monthly payment amount can ever rise to (at the ceiling). Again...what balance is to be used to calculate this payment? On that loan scenario above, the max rate is could go up to would be 11.00% over the life of the loan...what balance is used to calculate that payment?
Thank you very much for your assistance! We have similar questions FlamingoGal. Did you receive a response to this that I missed? I just want to be sure it doesn't get lost. No - no answer yet here or from HUD. May have the answer in the Q & A from David's GREAT webinar - that you simply take the highest possible rate and apply that to the original principal balance to determine the maximum payment - is that correct, David?
Last edited by FlamingoGal; 01/07/10 12:46 AM. Reason: added where I may have the answer
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The opinions expressed are mine and do not necessarily reflect those of my employer _._._._._._. A.S.A.P. Always Say A Prayer <><
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#1319400 - 01/06/10 11:30 PM
Re: RESPA changes 1-1-10
ahou
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10K Club
Joined: Nov 2000
Posts: 18,765
Central City, NE
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Oh goodness, one of our ln officers forgot to mark the box for escrowing taxes and gave the GFE to the customer with the wrong amount in box 9 for the inital deposit. He called to lock the rate and she is giving a revised GFE because of the rate lock. I guess the reason "quoted the wrong init escrow amt" is not a changed circumstance...and we can't change it on the revised GFE, correct? You're correct that you can't change the escrow amount but the escrow deposit fits in the "unlimited tolerance" bucket. Don't sweat it.
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#1319505 - 01/07/10 02:00 PM
Re: RESPA changes 1-1-10
David Dickinson
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New Poster
Joined: Jan 2010
Posts: 1
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What is the exposure, if any, on a prequal when a Lender chooses to not have the customer sign something before running a credit report?
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#1319527 - 01/07/10 02:15 PM
Re: RESPA changes 1-1-10
ShariSpiker
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10K Club
Joined: Jul 2001
Posts: 84,528
Galveston, TX
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Worst case for pulling a report without a permissible purpose:
§ 619. Obtaining information under false pretenses [15 U.S.C. § 1681q] Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.
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