On 11/13/2009, HUD issued release No. 09-215 indicating that for the first 4 months of 2010 they would "exercise restraint in enforcing new regulatory requirements under RESPA, due to take full effect Jan. 1, 2010."
Has anyone been examined during this time period and what was the approach of the examiners? Despite our Bank's significant and documented good faith efforts to comply, our OCC exam team completely disregarded those efforts and treated a handful of HE loans that provided the 'old' GFE as violations of RESPA. (As of this date, we are finally in full compliance.)
They threatened to refer the matter to HUD and at this point, we might welcome that just to get HUD to weigh in on the matter. Or is that asking for more trouble than its worth? Has anyone had a similar experience?

HUD issued that release on how they would approach the new rules. HUD cannot force the other agencies to follow suit. No other agency (to my knowledge) issued a similar reprieve, althoguh I do recall where the FDIC suggested that they understood that there is a learning curve to these things, and would handle each bank accordingly.

IMO, unless there was an overall system failure, no bank should have been using the olf GFE for any new application received after January 1st. HUD had fillable forms available on their site with direction for several months leading up to the start of the year, and any bank could have manually completed forms if they had to come January 1st. No rule dictates that the form has to be system generated, or that it could nto be completed by hand.

If you knowingly were using the old GFE, even on a limited basis, for new applications after the 1st, then IMO you were not acting in good faith.

At this point, I would plead ignorance, bow my head, and ask how you can resolve this issue to move forward.

Just Jay is right. The regulators I have talked to have said they know of no such "restraint". Don't bank on it (pun intended).

I agree with JJ and David.

Note the bulletin said HUD would show restraint. As I read that it simply meant any issues referred to HUD within the first 120 days would have a reprieve unless it was readily apparent that the issues were a blatant disregard of the requirements.

Although HUD said they would ask other agencies to show the same restraint none of the regulatory agencies themselves ever issued such a moratorium that I'm aware of.

We were examined by the FDIC last month, we had two loans (the first 2 we did this year) that had small mistakes on the new GFE and the new HUD, everything was disclosed, but not in the right place. The examiner came in and talked to me about them, but he said that they aren't siting anything besides use of the old forms. I'm not saying that he said that on behalf of the FDIC, just the ones that were at my bank.

FDIC issued a FIL (75-2009) in late 2009 indicating they would begin enforcement on 1/1/10. We had a Compliance Exam in Feb-March, and the examiners were not here for one of the weeks because of regional training that included RESPA. They asked if we were using the new forms, and that was as far as they went.

Our Complianc Exam was the first part of March & Dallas Region of The Fed said their interpretation of HUD asking them to show restraint was
" We will still cite any findings but we won't issue any enforcement actions, etc. related to RESPA "
They found 2 cases where the title co. did not fully complete the 'loan terms recap' (the last section on pg 3 of the HUD1) {ln amt left blank & loan term left blank} and they did cite those in the exam findings.