RESPA Reform-Major Changes
Congress enacted the Housing Recovery Act of 2008, which included amendments to TILA, known as the Mortgage Disclosure
Improvement Act (MDIA) of 2008. Effective January 1, 2010, highlights of the RESPA reform include:
· Revised standardized Good Faith Estimate
· Revised HUD-1 Settlement Statement
· Implementation of Good Faith tolerance
· Elimination of the 1% origination cap on FHA loans
Application means the submission of a borrower’s financial information include: Borrower’s name, borrower’s social security number, gross monthly income, property address, estimated value of property, and loan amount. Upon receipt of these items, it is a requirement to issue the GFE within 3 business days. It is assumed that a GFE cannot be issued without a property. Since a good faith is not to be issued until a property is found, the address should not show TBD.
If a mortgage broker submits a GFE to a lender and the lender accepts the GFE, the lender is tied to the GFE in its entirety, including fees and important dates. However, it is important to note that Premier Lending will be re-disclosing on all loans and will only reference our GFE as the accepted GFE. If the broker purports to have locked in the loan but does not lock the rate and the lender accepts the GFE, the lender is subject to the GFE presented. In other words, they have to honor the interest rate commitment and the settlement costs presented on the accepted GFE.
An accepted Good Faith Estimate can only be reissued under the following:
· GFE expires after 10 days and the loan is not locked (a loan originator is bound within the tolerances provided to the settlement and terms listed in the GFE) – if the loan is locked, then the GFE cannot be reissued until after the date of the lock expiration.
· Property use changes
· Borrower’s credit score has changed negatively
· Parties are added or removed from title or the property moved in or out of trust
· The borrower does not proceed to closing in a timely manner after final approval or does not act diligently to provide lender information (in other words, give the borrower a “needs” list with expiration dates).
Changed circumstance exists (changed circumstances are defined as an act of God, war, disaster, or other emergency, or information that was relied upon about the borrower or that the transaction relied on found to be inaccurate after the GFE has been provided. Information may include credit quality of the borrower, the amount of the loan, the estimated value of the property or any other information used to provide the GFE).
This is good news for the public who want to purchase a home. Lenders can’t do the bait and switch on you at the last minute. If you have questions regarding Homes for Sale in Frisco, McKinney, Allen, McKinney, Plano, Little Elm and Prosper contact TEAM DECELL.