I had a call last nite from a Mortgage Loan Consultant that stumbled over my name on the net.  I talked with him a bit - but being a 'Title Guy', was not very helpful.  I told him I'd toss out his situation on AR and see what kind of input you fine people can provide.

THe guy lost a great commission.  His employer referred to RESPA regulations - but not anything specific.

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I work for a Mortgage Brokerage Company that is licensed to do loans as a broker in many states.  I just closed a loan in Alabama. 

It was an FHA Rate & Term Refi. 

After taking the complete application and pulling credit I then sent out the initial disclosures but forget to put the YSP listed, well I recieved the signed disclosure and reliazed that the YSP was not listed so then I redisclosed and added the YSP and the client signed and returned and then we went to closing and everything went great. 

But when my employer reviewed the file after the loan funded they took my comission which was the YSP and sent it to the borrower. 

My employer said to me that since I did not disclose the YSP on the first initial disclosures then it has to be refunded to the borrower.  And I have been in the business for 7 years and I have always been paid and not lost commisions as long as you redisclose if any fees change prior to settlement.  I thought thats what redisclosure is for.  So if you know and State specific laws for Alabama that could show me that my employer was correct or wrong by giving my YSP comission check to the borrower after funding.  Because if thats the case why in the world do they even have such a rule of redisclosure.