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Can Vacation Time Affect RESPA's 10% Tolerance & Cause a Delay?

By
Services for Real Estate Pros with Fidelity National Title 540-EA-52017

Can Vacation Time Affect RESPA's 10% Tolerance and Cause a Delay?170x145.jpg

You bet it can!  Here are some tips to prevent your transaction from going over the 10% tolerance.  It doesn't take much to push a loan over this tolerance, but by asking your customer some questions early in the process and sharing the information with your loan officer and escrow officer, will prevent surprises and associated delays at the closing table. 

*  Will the buyers be out of town for the signing?
  There will be a signing fee.  I would venture to guess that this occurs in at least 40% of the summertime closings. 

*  Will one or more of the parties require a Special Power of Attorney for their transaction?
  IF a POA gets approved by the lender, there will likely be a doc prep fee as well as additional recording fees for the document

Will the buyers be in Calfornia for the signing?  You may be looking at additional recording fees.  The next article is about one such experience.

Isn't is surprising how these small items can cause such a big affect?

RESPA is clear that any violations of the 10% tolerance must be cured by the lender within 30 days of closing and it is solely the lenders responsibility, but keep in mind that any re-disclosure necessary may delay the closing.  As professionals we all should work together for a smooth and "seamless" closing experience for our customers.

Enjoy your weekend!

Julie

Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Hi Julie. Ok I guess I'm just ignorant but I have no clue what RESPA's 10% tolerence rule is. But I would like to know. I guess I will have to go Google it.

Jun 05, 2010 11:35 AM
Julie Booth
Fidelity National Title - Federal Way, WA
Keeping the parties informed of the escrow process

Hi Bryant, RESPA new rules that went into effect January 1st requires that lenders disclose costs to a borrower within a specified period of time from application.  Now depending on what type of cost it is will determine whether or not they can adjust between that date and the date of closing.  There are a number of fees that cant increase at all (loan fees) and other fees that can change, but cannot increase by an accumulative total of 10%.  It really has been a bit of a nightmare for many and this link will take you to the RESPA FAQs (updated in April) that help answer so many questions.

 

Jun 05, 2010 11:43 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Thanks Julie. I will pop over to that link and check it out. I take the state test for my mortgage brokers license next week. I guess I should know thios stuff. Don't plan on doing mortgages just getting the license.

Jun 06, 2010 12:22 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

Think the 10% rule has made a lot of lenders sharpen their pencils. Really have not had an issue with any of the issues on the buyers side.

Aug 01, 2014 07:16 AM
Jeff Jensen
The Federal Savings Bank/Lending in 50 states - Greenwich, CT

I can see that it could certainly have a negative effect.

Aug 01, 2014 07:55 AM