03/30/2025
For our portfolio mortgage loans we disclose title fees in the section of the loan estimate marked "borrower allowed to shop for" since we do not usually have a detailed fee quote before the loan estimate is required. A closing fee or settlement fee usually charged by the title company is a prepaid finance charge. Should we disclose a Title Closing fee and mark it PPF on the loan estimate even without an exact quote so that we do not have to do a new loan estimate for a changed circumstance due to a change in APR exceeding .125 when fees do come in prior to sending the closing disclosure?
03/09/2025
If a third-party fee, such as a wire fee or E-Doc fee from the Closing Agent, was not disclosed on the LE, does the lender have to provide a tolerance cure for the full amount of such fee(s) or would they fall into the 10% tolerance cure calculation bucket?
03/09/2025
I have a processor who issued a Loan Estimate and missed the fact that the loan had a 90% LTV, and the Loan Officer did not catch it either. So, the Loan Estimate did not include PMI. Even if we redisclose it will not fix the TRID tolerance violation.
I have always been told that the first month we collect at closing to pay to the PMI vendor would have to be paid by the lender to "cure" the tolerance violation, and then we continue on as normal collecting PMI escrow from the borrower monthly and passsing it on to the PMI vendor.
Now someone tells me that when this happens the lender has to pay for the entire life of the PMI, because of the tolerance error. Can anyone tell me what they think and give me something to back up your thoughts?
02/02/2025
Our management team wants to charge a Technology Fee on mortgages to recoup a portion of the cost of our technology costs (things like our LOS, POS, and verification services). The want to make it a blanket fee of around $275. I cannot seem to find any specific regulatory guidance on what a "Technology Fee" can include, but I am unsure whether we can charge to recoup the cost for tools we use for processing. Please advise!
01/05/2025
Our institution does bridge loans where we take both the property being purchased and the borrower’s current primary residence as collateral. Both properties get listed on the Note and Mortgage. These are treated as a purchase. Do we need to disclose both addresses for this type of transaction on the LE and CD, or would that only be the case if they were refinancing multiple properties or purchasing multiple properties in one transaction?
Would the fact that they are purchasing a new home using the equity in the current home that will be sold make it so we would not have to disclose both addresses and only the property being purchased? Currently, I think we would have to disclose both, but want to ensure I am interpreting comments 1026.37(a)(6)-3 and 1026.38(a)(3)(vi)-2 correctly.
10/27/2024
Is it a TRID violation if the File # is missing or incorrect in the closing information section of the closing disclosure?
09/29/2024
Should the guarantor of a mortgage loan receive a loan estimate?
08/25/2024
I have discovered that the Other Costs section of our Closing Disclosure does not list the mortgage release fee of $27 in the details, but it is included in the total amount of Taxes and Other Government Fees. I was told that it can be seen in nCompass, but doesn't pull over to the Closing Disclosure. Is the description of each fee required to be listed under the Other Costs section of the Closing Disclosure?
08/25/2024
We are in the process of implementing an insurance agency subsidiary owned 100% by the bank. We will not be quoting the agency’s rates on LEs or listing the insurance agency on the Services You Can Shop for Disclosure. However, our lenders will be referring mortgage loan customers to the insurance agency, so my understanding is the referral is what triggers the Affiliated Business Arrangement Disclosure requirement. So we are trying to figure that out. My question is, how should we provide an estimated range of charges for insurance? That could be vastly different depending on the home, location, etc. Any guidance would be greatly appreciated!
07/07/2024
I am sending a revised Loan Estimate for an appraisal fee increase. What verbiage do I use to justify that the appraisal transfer invoice shows the fee is now $575 versus the $430 which was initially disclosed. This is an appraisal transfer from another lender., and I am not sure what the correct verbiage would be for this change.