There is the need to redisclose the GFE due to the rate lock. The first GFE was produced using the fees from a secondary market lender. Various fees for origination purposes are combined into one line item. For the redicloded GFE there is a different secondary market lender being used. This lender breaks down the origination fees into several different line items. Can this be done?

You cannot redisclose your fees based on a change in the lender. Review the Changed Circumstance section of the 4-2-10 RESPA FAQs.

xv) A mortgage broker issues a GFE based on one lender‘s loan products and origination fees, but places the loan with a different lender.
A: No, this would not constitute a changed circumstance.

The change is circumstance is the rate lock. We are wondering how to record the differing origination fees. Can we leave the original fee information the same on the GFE butlist the changes on the HUD?

We are wondering how to record the differing origination fees. Can we leave the original fee information the same on the GFE butlist the changes on the HUD?

You would be required to disclose the original charges disclosed on the GFE in the comparison table on Page 3 of the HUD since you do not have a valid CC. You would also be required to disclose the actual charges on the HUD. You will have to cure any tolerance violations; and origination charges have a zero tolerance therefore you will have to cure 100% of the difference disclosed between the GFE and the HUD.

Is not the rate lock a valid change of circumstance?

The rate lock itself is a valid COC, but you can't consider differing investor charges unrelated to the interest rate when you re-disclose.

WHy is investor #2 breaking their charges out? Chances are, unless it's something being paid to a 3rd party servicer, even if they have itemized their charges to you, you would still lump them in to total origination charges.

If the time between the early disclosure in October and today (we set our rate for 30 days) is over the 30 days do we need to redisclose if none of the fees has changed?

No, unless you re-lock. That is a required COC and need for disclosure.