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Say good-bye to the HUD-1 Settlement Statement

Reblogger Lenn Harley
Real Estate Agent with Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate 303829;0225082372

GOOD GRIEF!! 

"At the risk of sounding astringent, if a homebuyer can’t understand the HUD-1 Settlement Statement in its current form, then perhaps that homebuyer shouldn’t be a homebuyer"  says Todd Ewing.

Mr. Ewing has it all wrong.

The purpose of the form is DISCLOSURE.  It should not be a test.  Disclosure should be informative, not a gauntlet.

I would suggest that the home buyer CONSUMER is paying a considerable fee to a title company to handle the closing.  Title company reps or attorneys should be able to describe the information in the Form HUD-1 to a CONSUMER so that it is comprehensable.  I've attended hundreds of closings and have found that most do.  What most do NOT is expect the CONSUMER to understand forms that most agents don't.  

The problem is not that the home buyer can't understand the Form HUD-1.  The problem is that the Form HUD-1 was written by bureaucrats who don't understand the CONSUMER and are incapable of writing comprehensible disclosures.


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Original content by Todd Ewing

The Consumer Financial Protection Bureau (CFPB), by mandate under Dodd-Frank, will soon change our world once again. 

Just barely two years since the title and mortgage industry was turned upside-down with regulatory changes to the Truth-in-Lending Act (TILA) and the Real Estate Settlement Procedure Act (RESPA), the CFPB will be releasing its proposed forms and regulations next month to replace the HUD-1 Settlement Statement, Good Faith Estimate, and Truth-in-Lending Disclosure. 

These new forms will be known as the Loan Estimate and Settlement Disclosure Form.

On its snazzy website, CFPB states that the current 3-page HUD-1 settlement statement is replete with "... Technical and legal jargon ... that may be more confusing than helpful. Complicated and lengthy disclosures can make it hard to answer or even ask the right questions."

So CFPB’s solution is to do away with the current 3-page HUD-1 and replace it with a lengthier and more complicated 5-page document called the Settlement Disclosure Form

This is hardly an improvement. In our experience at the closing table, homebuyers are less likely to review lengthier disclosure forms compared to short form disclosures.

Among other things, these new CFPB forms will require lenders and settlement service providers to overhaul their existing software production systems, re-tool the lender-to-title company interfacing, and re-train staff members — which meanshomebuyers will end up paying more at settlement

Currently, homebuyers pay, on average, $750 for total settlement fees in the Washington DC metro area. With little, if any, benefit to the consumer, I expect that figure to increase to approximately $1,000 with the implementation of these new CFPB forms and regulations.

The current disclosures are more than adequate. At the risk of sounding astringent, if a homebuyer can’t understand the HUD-1 Settlement Statement in its current form, then perhaps that homebuyer shouldn’t be a homebuyer.

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Comments(14)

JOSH EVANS *JoshEvansHomes 516-655-5000
Village Properties of Mineola, LLC - Mineola, NY
Great blog and great job. Keep up the good work and good luck to you this year. Thanks.
Jul 01, 2012 08:36 PM
Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

Hi Lenn.  I agree that it should be written so the average person can read it.

Jul 01, 2012 08:52 PM
Rob Thomas
Prestige Homes of The Tri Cities, Inc. CALL....423-341-6954 - Bristol, TN
Bristol TN-VA & Tri Cities Agent, ABR, GRI, e-Pro

Lenn,

Sometimes I think these forms are written not only so the consumer won't understand it...but to intimidate as well.   Many legal forms fall into this category - what good is it unless the end user understands it?

Great post

Have a good one

Rob

Jul 01, 2012 09:22 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Josh.  Thanks for stopping by.

Conrad.  I don't believe that it could be.  I expect a title company representative to explain the numbers to the buyer and seller at the settlement table or before.

We usually gett hese statements 24 hours prior to settlement.  That gives the agent or the lender time to explain the numbers to the consumer.

Jul 01, 2012 09:22 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Rob.  I understand and agree completely.

Jul 01, 2012 09:23 PM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

Disclosure that is understandable was required on all types of insurance policies in the 70s.  But that's the private market!  What the gubment requires for the private market it does not require of itself.

Has it ever?

Jul 01, 2012 09:39 PM
Bobbie Smith
Stroudsburg, PA
570-242-1891

Lenn, The forms should be in "layman" terms, I agree, as well as the AOS.  The agent should be able to go over the HUD with their client as well as the Title Company.  If the agent does not understand the HUD how can they be sure mistakes have not been made. Title companies make mistakes too. We are required to be able to, at least with our Company.  Thanks for pointing out the post.

Jul 01, 2012 09:41 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Lenn,

I always go over line by line the settlement statement with my buyer or seller....it's not rocket science..its adding up totals and showing credits and debits giving a bottom line of either what a buyer needs to wire in for closing or the seller's proceeds. It's simple math!! Knowing what the items are needs explaining but again it's not rocket science!! As agents we should be able to explain the entries and the lender should be available to answer questions. A good escrow officer at the Title company will go over it again at closing or before..they are happy to help.....that's 3 different entities going over it for the consumer..most understand it completely by that point..consumer's are not stupid they just need and should expect a breakdown of what the statement says!!!

Jul 01, 2012 09:43 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Jay.  GREAT point.  The disclosures from insurance companies were written by insurance experts.

The disclosures from government are written by bureaucrats who have risen through the ranks by way of the Peter Principle.

Bobbie.  Agreed.  Agents should be able to explain the HUD-1 to their clients and if they cannot, their BROKER should teach them or make sure they learn.

Dorie.  I agree completely.  This isn't rocket science and most buyers can understand with a patient agent or title company or lender's help.

 

Jul 01, 2012 09:55 PM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

You should define the Peter Principle.  Young folks have never heard the term!

It is rising through an organization by being promoted from one job to the next for which one is not qualified to yet the next for which one is not qualified, and so on.

Does that fit the flight path of the gubment bureaucrat?

Jul 02, 2012 03:22 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Lenn I will speak to the GFE and TIL because those are the documents that I have to explain to my Borrowers.  Shame on me if I can not explain those documents in a manor that the Borrower understands what they are signing.  But having said that, the longer lengthier GFE (3 page) and Till (2 page)  that replaced the one page document that each use to be, really discloses less of what is important to the Borrower.  The GFE combined fees in stead of breaking them all apart like the one page document did, and the TIL no longer contains the amortization table that showed the Borrower when the MI or PMI was coming off through normal payments.  Every time the government adds more, the less the more reveals.  If they want transparency then they need to keep it simple.  I have not seen examples of what the new GFE & TIL will look like, but the existing GFE and TIL are good examples of how more is less.  If the new GFE and TIL are going to be even longer, then I am sure they will even disclose of what is important to the Borrower, but most likely more meaningless verbiage that the bureaucrats think is important.  After all it is not about the Borrower, it is all about them.

Jul 02, 2012 05:15 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Jay.  BINGO!!

George.  I love your comment.  I agree 100%.  More has been shown to be less.  When fees are combined, there's no hope a consumer will know. 

Thanks goodness I can do an Estimated Closing Cost Estimate for buyers.

Jul 02, 2012 05:53 AM
Charlie Ragonesi
AllMountainRealty.com - Big Canoe, GA
Homes - Big Canoe, Jasper, North Georgia Pros

Lenn I liked the way you turned this around. It made me smile. At the end of the day we as realtors should be involved in explaining line items to consumers as well as closing attorneys and title companies. I do not have a problem with te new forms.

Jul 02, 2012 06:40 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Charlie.  I have no problem with the new forms.  That said, I didn't see a problem with the old forms. 

Jul 02, 2012 07:26 AM