I've been asked a few times recently what happens if the Good Faith Estimate is inaccurate or never provided after origination.  RESPA requires certain initial disclosures, some of which are included in the GFE.  The law requires they be sent out within 3 days of application.  Noticeably silent is a requirement that they are signed or acknowledged.  Most brokers/lenders have the borrower sign it because it is a great way to protect them down the road in case someone claims they did not get it.  Most lenders require it as part of their underwriting from the Broker just to be safe.  Largely though, as with many laws that affect Mortgages, their is not necessarily a civil right of action.  In other words, the government can pursue the culprit, but individuals cannot.  Thats not to say that you could not use the violation as part of a state law claim, (unfair deceptive and practices act, etc.). 

As for the GFE not being accurate, truthfully it would be hard for the initial GFE to be accurate.  Its just too early for the broker/lender to know all the details.  It should be redisclosed though as soon as it is known to be inaccurate, and definately before closing.  We have argued in our cases that a severely inaccurate initial GFE is evidence that a broker/lender was defrauding the borrower.  Interesting topic.

Disclaimer:
This should not be construed as creating any attorney/client relationships, or the providing of legal advise to anyone.

 
Post is included in group: Mortgage Law

4 Comments on Good Faith Estimate disclosures

MAY
26
2008

well said....that initial GFE I always overdisclose modestly as to prevent the redisclosure and I make my clients aware of it as well. 

7:55pm • #1

overdisclosing is a safe way to do it.  a great way to impress a client as well.

8:04pm • #2
MAR
16

what are the options when new fees are suddenly introduced right before closing?  I see it as taking a $350 application fee loss or a $150 additional cost at closing.  In this case it is hard to not sign the closing and take the $350 loss, but since these are NEW fees do I have any recourse?

The new fees were payoff fees of the previous mortgage and when I asked about them, the company stated these are third party fees that they are not responsible for; however at least the filing fee looked standard and they of ocurse have other third party fees in the good faith estimate etc...

I closed, but am still looking for a way to get back some of those additional fees that were NEW asnd not on the good faith estimate.  ~$90-$100 from the payoff.

 

Greg
4:05pm • #3
MAY
25

so would a mortgage broker in texas be in direct violation of Respa laws if.... he provides an initial GFE and then at closing he has increased the rate, and added a discount point or two and never redisclosed with a new GFE to the borrower?  Does he have to provide a new GFE disclosing the change in rate and the addition of discount points?  Does the buyer need to sign the new GFE prior to closing acknowleding the change, or just by the loan officer saying he discussed this with the borrower is "enough"?

lurisa
10:46pm • #4

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Nathan Fransen

Corona, CA

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