I used to be a full time lender, but for the last several years I've been selling Hawaii real estate. Right now, I couldn't be more thankful for that. Because of my past lender affiliations, I still get email updates on the changing laws and practices in lender, which recently has become so overwhelming that it's hard to believe anybody can keep up.
This morning I got email with the new Good Faith Estimate laws, and it's just ridiculous. Some bureaucrat somewhere made up a bunch of new rules, and changed a bunch of old ones, in such a radical way that the end result is the borrowers are going to get hurt through delays and paperwork problems. The 3 day re-issuing of a Good Faith Estimate whenever the costs change is particularly problematic, as fees almost always change a little bit for various reasons. This means last minute delays and excess time needed to issue these new GFE's. Congratulations government, you screwed up again.
Here is a summary of what has changed:
* The GFE disclosure, HUD-1 and HUD-1A are revised under the new rule and must be used by all lenders. No other versions of these disclosures may be used. It is now 3 pages instead of 1.
* RESPA limits the collection of upfront fees to the cost of a credit report.
* Title agents may use a new average cost pricing method for disclosing costs.
* A new provision allowing E-Sign documents. (This is good)
* A revised Servicing Disclosure Statement and new timing rules for the disclosure.
The New Good Faith Estimate:
The new GFE is 3 pages; page 1 is the most critical. Essential loan terms and costs with the loan must be disclosed and must remain in effect for at least 10 business days. The
New GFE must show:
* Initial loan amount, term, interest rate.
* Initial monthly payment amount.
* Whether the interest rate can increase.
* Whether the loan allows for negative amortization, provides for a pre-payment penalty or a balloon payment.
* Total origination charges and charges for other settlement services.
Under the New Rule, the consumer is given 10 days to shop - during which the "offer" provided on the GFE must remain open and "fixed" within prescribed tolerances, unless there are "changed circumstances."
* If the consumer accepts the offer, the terms and costs are then fixed through the closing, again within the same prescribed tolerances and absent "changed circumstances."
* Page 2 of the new GFE discloses the lender's origination charges and charges for other settlement services. The charges are grouped into categories (versus itemized.)
* Page 3 of the GFE gives general information to consumers on how to use the form,
including a "tradeoff table" on which the LO may present two loan options:
-One that describes a loan for which the consumer would pay a higher Interest rate but less in settlement charges and another that describes a loan for which the consumer would pay a lower
Interest rate but more in settlement charges
It is not necessary to complete all columns, but the loan originator must complete the left column based on the loan covered by the GFE. The loan originator does not have to complete the other two columns.
GFE Timing Requirements:
A GFE must be provided no later than 3 business days after the lender either receives an application, or obtains information sufficient to complete an application. In addition, when a changed circumstance has occurred, the lender MUST issue a revised GFE within 3 business days of receipt of information that triggered a changed circumstance that allows the issuance of a revised GFE. A lender is NOT required to provide a GFE if prior to the end of the 3rd business day the lender denies the application request
or the applicant withdraws their application request. RESPA defines "business day" as a day on which the office of the business entity are open to the public for carrying on substantially all of the entity's business functions. This does NOT include Saturday, Sunday or any federal legal public holidays.
In the case of new construction where the settlement is anticipated to occur more than 60 calendar days from the time the GFE is provided, the Loan Originator may provide the borrower with the GFE Construction Loan Disclosure stating that at any time up until 60 days prior to closing the Loan Originator may issue a revised GFE. The revised GFE is only allowed if a separate construction loan disclosure was provided to the
borrower. New construction is defined as a purchase transaction not having a certificate of occupancy issued at time of generation of the GFE.
Binding GFE:
Upon the issuing of a GFE to a customer the lender is bound to the fees, charges and tolerances provided in the GFE unless there is a documented changed circumstance. If the lender provides a revised GFE based on a changed circumstance the documentation for the changed circumstance must be retained in the loan file for at least three years after settlement. A lender is not required to provide a GFE to a customer if
the loan program requested is not available.
Tolerances:
The first "Fixed" tolerance is zero percent. This tolerance applies to all lender and mortgage broker origination fees, transfer taxes and if the interest rate has been locked any discount points or Yield Spread Premiums. None of these items may exceed the amount disclosed on the GFE by any amount.
The second tolerance is 10 percent. This tolerance applies to the total of:
* All lender-required settlement services paid to providers selected by the lender
* All lender-required settlement services paid to providers selected by the borrower from lender-provided lists
* Premiums for optional owners' title insurance selected by the borrower from lenderprovided lists
* Government recording fees
This means the sum of the actual charges cannot exceed the sum of the charges disclosed on the GFE for these items by 10%. The third tolerance is for fees that may change at settlement (no tolerances
apply):
* Required services the borrower shops for,
* Title services and lender's title insurance not identified by the lender;
* Owner's title insurance not identified by the lender;
* The initial deposit for an escrow account;
* Daily interest charges; and
* Homeowners Insurance.
Changed Circumstances:
The Loan Originator is bound to GFE tolerances unless a new GFE is provided; ONLY changed circumstances allow re-disclosure of certain terms on a GFE. The New Rule defines "changed circumstances" as:
1) acts of God, war, disaster or other emergencies;
2) application information that the lender relied on in providing the GFE but subsequently changes or is found to be inaccurate;
3) information on the borrower's credit report obtained before providing the GFE that subsequently changes;
4) new information particular to the borrower or the transaction (excluding any of the terms of financial information that at minimum are deemed to constitute an "application") that was not relied on by the lender in providing the GFE; and
5) Other circumstances particular to the borrower or the transaction, such as boundary disputes, the need for flood insurance and environmental problems.
If there is a "changed circumstance" the Loan Originator must issue a revised GFE within three business days of receiving the information sufficient to establish changed circumstances. Documentation to support the changed circumstance must be retained in the loan file for 3 years after the date of settlement.