RESP RE A SP A & & Good Good Fa F ith ith Estima tima e R quir quir d e d Disclosure Disclosur s Corresponden Corr esponden t Lending July 22, 2013

Similar documents
A GFE must be issued when the originator receives an application OR six minimum pieces of information sufficient to complete an application including:

WHOLESALE Good Faith Estimate Compliance Manual

Good Faith Estimate Training 2/3/14

RESPA REFORM TRAINING Effective January 1, FOR MORTGAGE PROFESSIONALS ONLY Rev 1, 12/29/09

Guidance for Completing the 2010 Good Faith Estimate

New RESPA Rule FAQs. (New items are in bold)

Guidance for Completing the 2010 Good Faith Estimate

GFE/TIL AND COC WORKFLOW

Change in Circumstance. CIC Instructions and Request Form

New RESPA Regulations for Mortgage Finance: Are You Ready? Complying With the Sweeping Changes in Real Estate Settlement Procedures

SAMPLE REAL ESTATE SETTLEMENT PROCEDURES ACT. Mortgage Lending Compliance Effective January 1, (c)2011 Bankers Advisory, Inc.

HUD s New RESPA Rule

BROWN, FOWLER & ALSUP A Professional Corporation Attorneys at Law MEMORANDUM. RESPA 101 The New Good Faith Estimate (GFE) Rules

New RESPA Rule FAQs. (New items are in bold)

How the New RESPA Rule. Impacts Wholesale Lending. By Richard Andreano, Jr.

Final RESPA Rule Requirements

Display the questions that impact the date through which the interest rate is available with a left click on the control.

FREQUENTLY ASKED QUESTIONS (FAQ) FOR IMPLEMENTING THE TILA-RESPA INTEGRATED DISCLOSURE RULE (TRID)

New RESPA Rule FAQs. (New items are in bold)

Good Faith Estimate (GFE)

TRID (TILA-RESPA ITNEGRATED DISCLOSURE RULE) FAQ

TRID. Quick Compliance Guide T I L A-RESPA INTEGRAT E D DISCLOSURES Temenos USA. All rights reserved

Integrated Disclosure Vocabulary List. Term Definition as of 8/1/2015 Adjustments and Other Credits

LOAN ESTIMATE (LE) CLOSING DISCLOSURE (CD) MISCELLANEOUS QUESTIONS

REAL ESTATE SETTLEMENT PROCEDURES ACT SAMPLE

New RESPA Rule FAQs. (New items are in bold)

Loan Estimates. with the following requirements: Estimate SMF SMF SMF

The TILA-RESPA Integrated Disclosures Rule consolidates. Estimate (GFE) into the Loan Estimate and. the Closing Disclosure

TILA RESPA Integrated Disclosure

Shopping for your home loan. Settlement cost booklet

Comparison of 2010 RESPA-TILA Disclosure Rules to TILA RESPA Integrated Disclosure Rules

DOCUMENT CHECKLIST FOR PURCHASED LOANS Crescent Mortgage Company 6600 Peachtree Dunwoody Rd. NE, 600 Embassy Row, Suite 650 Atlanta, GA 30328

Shopping for your home loan

* PFC = Prepaid Finance Charge Total Loan Amount $ 175,000 Interest Rate: % Term/Due In: 360 / 360 mths

Regulation X Real Estate Settlement Procedures Act

TRID: TILA-RESPA Integrated Disclosures Rules and Procedures Overview

RESPA Rules and the GFE

RESPA/TILA Integration

The new Loan Estimate Form integrates and replaces the existing RESPA Good Faith Estimate and the initial Truth in Lending forms.

TILA-RESPA Integrated Disclosures (TRID) FAQs

TRID October 3, 2015!

Getting It Right: RESPA GFE & HUD-1/1A Workshop

Loan Estimate $ NO. Loan Terms. Loan Amount $ NO. Interest Rate 1.75% NO

Shopping for your Home Loan

Loan Comparison Report. Sample

REAL ESTATE DICTIONARY

Correspondent Procedures. rev. 8/3/16

2010 HUD-1: New RESPA Rule Overview

The Federal Reserve Board

Consumer's Guide To Mortgage Settlement Costs

ABC Lender 2310 W Interstate 20 Arlington, TX Phone: (817)

New Jersey Housing and Mortgage Finance Agency Purchase Review Submission Checklist First Time Home Buyer Program

1. VA Policy on Fees and Charges Paid by the Veteran- Borrower

CFPB Consumer Laws and Regulations

Closing Agent Manual

TILA RESPA Integrated Disclosure (TRID) Doing Business with NewLeaf

Today s Rates Looking for the best mortgage loan rate

TILA/RESPA Integrated Disclosure Rule

REAL ESTATE SETTLEMENT PROCEDURES ACT ( RESPA ) POLICY

RESPA: Regulation & Integration Process Guide

Loan Originator Compensation and Steering Prohibitions. Branch Originations March 2011

February 2016 FEBRUARY Sunday Monday Tuesday Wednesday Thursday Friday Saturday. CD is placed in the mail IF DELIVERED BY OVERNIGHT MAIL...

Alert / Messages Matrix

TRID TILA RESPA Integrated Disclosures

Interagency Consumer Laws and Regulations

Advertising, Consumer protection, Credit, Credit unions, Mortgages, National banks,

The TILA-RESPA Integrated Disclosure (TRID) Rule. Compiled by: 110 Title, LLC

Consumer Financial Protection Bureau Rule

TILA-RESPA Integrated Disclosure (TRID) Rule a.k.a. Know Before You Owe. with New Haven Middlesex Association of REALTORS

Reasons for Change. Are You Ready for the Regulation Z & RESPA Changes. Past, Present & Future Changes

Section 1.35 Compliance Overview

Renasant Bank Broker Agreement Addendum

Wholesale and Correspondent Mortgage Partners Document and Disclosure Matrix

SUMMARY ANALYSIS OF HUD S PROPOSED REVISIONS TO ITS RESPA REGULATIONS PREPARED FOR THE AMERICAN LAND TITLE ASSOCIATION

Compensation paid directly by the consumer and/or the creditor to a loan originator other than an employee of the creditor

TRID TILA RESPA Integrated Disclosures

The New Loan Estimate & Closing Disclosure Explained. Know before you close.

TRID. Acceptable Broker Submissions Booklet WHSL EQUAL HOUSING LENDER MEMBER FDIC NMLS #478471

What is T.R.I.D TILA-RESPA Integrated Disclosure

Good Faith Estimate (GFE)

FAQs About RESPA for Industry

6/21/2013. Section III. Federal Rules, Regulations and Their Requirements. Federal Regulations. Federal Regulations

2509 Completing the Good Faith Estimate

Closing Costs & Information

Tips for Implementing the TILA-RESPA Integrated Disclosure rule

TRID Quick Reference Guide

TRID. Acceptable Broker Submissions Booklet WHSL EQUAL HOUSING LENDER MEMBER FDIC NMLS #478471

How to do business with MMC under TRID

TILA-RESPA Integrated Disclosure Rule FAQs for Wholesale Brokers

10 HOME BUYING COSTS YOU NEED TO KNOW ABOUT

Market Update RESPA Revisions to the GFE and HUD-1

Executive Summary of the 2017 TILA- RESPA Rule

TRID TILA-RESPA Integrated Disclosures. FOR INTERNAL DISTRIBUTION ONLY Please refer to Disclaimer & Legal Notice on the last page.

Fee Disclosure Treatment under the Integrated Disclosures A Work in Progress Fee Name Amount Loan Estimate Section

24 CFR Ch. XX ( Edition) APPENDIX C TO PART 3500 INSTRUCTIONS FOR

Closing Disclosure Form

Chicago Title Insurance Company

TRID TILA RESPA Integrated Disclosure. September 29, 2015 Select Partner Process Overview

INSTRUCTIONS FOR COMPLETION OF TITLE / SETTLEMENT AGENT APPLICATION

A. Settlement Statement (HUD-1)

Transcription:

RESPA & Good Faith Estimate Required Disclosures Correspondent Lending July 22, 2013

What s Different and When is it Effective? January 1, 2010 (1003 dated on or after) New GFE form: does not indicate the loan program, type, or loan purpose; does not contain a field for cash to close ; does not include a field for a total payment that includes escrowed amounts; cannot be issued on a TBD ; cannot be handwritten or corrected/initialed.

What s Different and When is it Effective? (Cont.) FHA has removed the 1% cap on origination fees; VA origination fee continues to be capped at 1%. VA non allowable fees still cannot be charged dto the Veteran. The fees will be lumped together in the Origination Charge on the GFE. At closing, a separate itemization list will be prepared of those fees that are lumped together in the Origination Charge. A seller or lender credit will be issued dto the Veteran on the first page of the HUD to offset those non allowable fees.

GFE Notice Requirements Must be provided no later than 3 business days after application. Not required if application is denied or withdrawn by borrower within 3 business days.

When do I have an Application under RESPA Rules? Must have these items: Borrower s name Social Security number Property address (no TBDs) Monthly income House value or best estimate Amount of loan Any other information i deemed necessary by the loan originator

Now. the GOOD FAITH ESTIMATE

Good Faith Estimate Page 1

Important Dates If lock is floating, this date will be the same date as the GFE with an expired time. If locked, it will be the date of the lock expiration and we suggest 4:00 p.m. This should be 10 business days from the date of the GFE. If the loan is locked, this date should be the lock expiration date on purchases and 5 days prior to rate lock expiration on refinances (to allow for rescission). 30 days for loans that are not locked. We suggest loan officer allow 5 days if not yet locked. If the loan has been locked, no date is necessary.

Summary of your loan P&I and MI Only! This box must be filled out according the to terms of the loan. If these terms change ( Changed Circumstance ) ), the GFE will need to be redisclosed. NOTE: There must be an acceptable Changed Circumstance.

Escrow Account Information Mark the appropriate p box if the loan is being escrowed or not. The amount in this box is Principal and Interest and Mortgage Insurance only it is not the entire payment amount.

Summary of your settlement charges These amounts will carry over from the subtotals on page 2 of the GFE.

Good Faith Estimate Page 2

Our Origination Charge Zero Tolerance THIS BOX IS VERY IMPORTANT! This charge should include all of the fees charged by the lender. This amount CANNOT increase at closing. However, the lender can This amount CANNOT increase at closing. However, the lender can choose to lower this amount due to a rate lock occurrence or revision.

Fees that must be included in the Origination i Charge Origination Fees/Points Processing Fee (including third party contract processing fees) Commitment Fee Underwriting Admin Fee Application Delivery/Courier Any other Miscellaneous Lender Fee

Your Credit or Charge Check this box if there will be no amount entered in the charge/credit box. Zero Tolerance Check this box if paying a credit. The amount will be a negative number resulting in a credit to the Borrower. Does not have to match lock confirmation on a Correspondent transaction. Check this box if a Discount is charged. Does not have to match lock confirmation on a Correspondent transaction.

Your Credit or Charge (Continued) Important things to remember: If lender is floating the lock, they must enter their best guess in this section. The amounts can change with an acceptable tbl Changed Circumstance. This box can only be revised for a rate lock or revision occurrence and the GFE must be redisclosed within 3 business days. If the GFE is not redisclosed within 3 business, it can no longer be redisclosed and the charges will be calculated on the prior GFE. Only one box can be checked.

ces All Other Settlement Services 3. This box contains all 3 rd party fees selected by Lender (example: appraisal, credit report, flood cert, VA Funding Fee, UPMIP, tax service, USDA Guarantee Fee, AHFA Commitment fee, etc.) 4. This box includes the Closing Agent s fees and the Lender s Title Policy. 5. This is for Owner s Title Policies only. We suggest that this amount be disclosed on a purchase whether or not the Borrower is purchasing an OTP. 6. This is for third party fees that the Borrower can shop for (example: survey, termite inspection). 10% Tolerance

All Other Settlement Services (Continued) Important things to remember: Any fees that are not initially disclosed on the GFE cannot be added by redisclosure. This includes UPMIP and VA Funding Fee. These amounts can only be revised (not added) with an acceptable Changed Circumstance and can only be adjusted accordingly. An Owner s Title Policy amount must be entered whether or not the Borrower is obtaining one. It cannot be added with a redisclosure at a later time. The fees in this section are subject to a 10% tolerance.

List of Service Providers If a lender permits a borrower to shop for services in Blocks 4, 5 & 6, the loan officer must provide a written list of providers that the estimates were based on. Must be issued with the GFE on a separate sheet of paper Must include at least one provider of each shoppable service.

Fees that must be included in the Title Services & Lender s Title Insurance Charge Settlement/Closing Fee Title Examination Attorney s Fee Abstract/Title Search Doc Prep Commitment/binder Lender s Title Insurance Wire fee Attorney Courier/Delivery Fee Electronic Fee Notary Fees Endorsements Copying Miscellaneous

All Other Settlement Services 7. Per page Recording Fees. 10% Tolerance (7 only) 8. Transfer Tax - this is Zero Tolerance calculated by the individual (8 only) state/counties. It cannot be combined with Recording Fees and CANNOT increase at closing. Can Change at Closing 9. Must contain an amount. This (9, 10 and 11 only) can change at closing, but must have an amount disclosed d and all appropriate boxes checked, if any escrow account is required. 10. Must contain the per diem, and the number of days until the settlement date. This can be an estimated date, but all boxes must be completed. This amount can change at closing. 11. Must contain an amount. This can be an estimated amount, but all boxes must be completed. This amount can change at closing.

All Other Settlement Services (Continued) Important things to remember: ANY AND ALL BOXES LEFT BLANK AT THE INITIAL DISCLOSURE WILL BE CONSIDERED A ZERO CHARGE TO THE BORROWER AND CANNOT BE REVISED OR CHANGED AT CLOSING. Exception: Boxes 9, 10, and 11 While we allow the initial GFE to leave these boxes blank, we strongly recommend an amount be included in those boxes.

Good Faith Estimate Page 3

Which charges can increase

When to Redisclose? Changed Circumstance. Lock Event. Borrower requested change.

Changed Circumstances Acts of God, war, disaster or other emergency. Changed or inaccurate information provided by the borrower after issuance of the GFE. (e.g. credit quality, loanamount, amount, property value, need for flood insurance or other information)

What can Change Only those fees impacted by the changed circumstance. If pricing ii changes dues to a changed circumstance, or a borrower requested change, only the interest rate dependent charges and terms may change. If pricing changed when going from a float to a lock, only the interest rate dependent charges and terms may change. Block 1 Origination Charges CANNOT change, even with a changed circumstance. The Important Dates section must be updated to reflect any new information.

Re disclosure dates This date will remain the same as the initially disclosed date If the loan is locked, this box can include N/A. If the loan is not locked, we suggest the loan officer allow 5 days. If the loan is locked, this box can include N/A. 30 days for loans that are not locked.

How to Redisclose? A redisclosure of the GFE MUST occur within 3 business days of the Changed Circumstance. If the redisclosure is not sent within the 3 day period, the original GFE charges will apply. A completed Revised Good Faith Estimate completed by the loan officer.

Certification of Intent to Proceed Must be completely and accurately filled out. This can be signed by either the loan officer OR the Borrower.

NOTICE OFCHANGED CIRCUMSTANCE FORM Must be completely and accurately filled outeach time there is a redisclosure of the GFE. Must check the appropriate cause for the redisclosure. The loan officer must complete the box of fees that are being changed due to the Changed Circumstance. Each and every fee that has changed must be disclosed on this form. Must submit this form along with the revised GFE.

Common Mistakes and Omissions Boxes are left blank. There should not be any fields left blank on the GFE. Date of the Good Faith Estimate must be accurate and within three days of application. The loan officer must review the GFE prior to presenting it to the Borrower for accuracy. Dates must be entered on 1 4, page 1 must be correct. If any of these dates are left blank, it is assumed that the charges disclosed are good indefinitely. If the loan has not yet been locked, these boxes can be y, revised/updated with the appropriate date of the lock expiration.

Common Mistakes and Omissions Origination Charge box (line 1 page 2). This amountcannot be changed. If this box is left blank, the lender cannot collect ANY fees at closing. If an amount was entered at initial disclosure, that amount can be decreased once the loan is locked or revised. However, the amount can increase with a program change or proportionate p loan amount change. Creditor Charge (line 2, page 2). If this box is left blank, it will be assumed that the Borrower is neither receiving a credit for the rate or paying a charge for the rate. However, if an amount was entered at initial disclosure, that amount can be increased/decreased once the loan is locked or revised.

Common Mistakes and Omissions Lender's Closing Fee and Title Policy Fee must be entered. This amount has a tolerance of 10%, so this fee must be correct. The closing attorney should provide this fee to processing. Owner's Title Policy Fee must be entered. This amount cannot be left blank on purchase transactions. It does not matter if the Borrower is getting an OTP or if the Seller is paying for it. IT MUST BE LISTED.

Common Mistakes and Omissions Government Recording Fees must be entered. Mortgage Builder defaults for the number of pages being recorded in the transaction and calculate the fees accordingly. These fees have a 10% tolerance. If the fee is not listed or is incorrect, the charge will come out of the loan officer s fees.

Common Mistakes and Omissions Transfer Tax must be entered. This is NOT the same and Recording Fees and cannot be included with the Recording Fees. This amount has ZERO TOLERANCE. The amount can be lowered, but cannot be added or increased.

Common Mistakes and Omissions Fees Chosen by the Lender must be completely filled out. This includes the correct UPMIP and VA Funding Fee. If the Lender does not include UPMIP or VA Funding Fee (or miscalculates the fee), it cannot be collected from the Borrower. It will have to come out of the Lender's fees. However, these amounts can be revised/updated at time of lock or lock revision. The appraisal fee must be included in thisbox as well. Itcannot be added or changed at a later time. Any other third party fees charged by the Lender must be disclosed. h f l f b l d d h l The final inspection is a separate fee, not to be included in the appraisal fee. If a final inspection is necessary, redisclosure is necessary to add it to the GFE.

Common Mistakes and Omissions Escrow type must be checked on page 2. Although h this amount in this box can change, the Lender is required to check the type of escrow that is included in the escrow payment. Homeowner's Insurance Premium must be disclosed on all purchase transaction.

PLEASE NOTE: **IMPORTANT** The Good Faith Estimate can ONLY change when an acceptable Change of Circumstances occurs. Some charges cannot increase at all AND some charges can only increase by 10% MAKE SURE THE DATES AND CHARGES ARE CORRECT BEFORE DISCLOSING TO THE BORROWER.

Disclosures Servicing Transfer Disclosure The second box must be checked on a Correspondent transaction.

Truth in Lending Must show MI expiration

Unnecessary Disclosures Mortgage Broker Fee Agreement (MBFA) Anti Steering Disclosure Binding Arbitration i Agreement

Questions???