The rule has some sweeping changes - formerly the trend was towards itemization of each and every cost and the pendulum has come back to fewer numbers on the HUD with some hard and fast
guarantees for origination charges and tolerances for categories of other charges when using lender recommended/approved providers.
Today, I and Ken Ynes with Diversified Mortgage did another seminar on the new forms (
GFE & HUD), understanding them and helping customers best use them to shop for a loan. I didn't see many eyes glaze over so that in itself was reward enough and I'll assume we did a decent job.
The subject is complicated enough though to leave some interpretation on things like whether a lender requires a survey or the title company requires the survey. The lender requires certain title coverage that can't be given by the title company without a survey, so where does the survey charge really belong? In the 800 section for lender required charges or in the 1100 section for title required charges?
The same sort of gray area exists for fees customarily paid by Seller but included in the
GFE categories. If a seller pays for owners title insurance and owners title insurance is a
GFE #5 charge shouldn't the cost be disclosed on the
GFE and the charge appear on the Buyer side on the HUD? (with a corresponding credit on p. 1 of the HUD) Well the
RESPA FAQ says the following: "Q" If at the time a
GFE is issued it is known that the seller will pay settlement charges typically paid by the borrower, how are the charges disclosed on the
GFE? A: All charges typically paid by the borrower must be disclosed on the
GFE regardless of whether the charges will be paid for by the borrower, the seller, or other party." Since owners title wouldn't by typically paid by the borrower in this situation its not a
GFE #5.
However, the rule also states "...regardless of whether the borrower chooses to purchase a basic or enhanced
owner's title insurance
policy, the premium must be listed in the borrower's column on Line 1103."
It will be interesting to see how these issues shake out.