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RESPA changes coming from The Department Of Housing and Urban Development.

By
Real Estate Agent with Kimberly Howell Properties (210) 646-HOME

New home construction - Modesto - California - 2002

photo courtesy of Great Valley Center Image Bank

RESPA (Real Estate Settlement Procedures Act) rewrite will affect builder's incentives.

Many builders offer additional discounts, also commonly known as incentives, (sometimes very steep) to consumers purchasing a home and financing it through their "preferred" lenders.  The preferred lenders range from mortgage companies run by the builder themselves or lenders that have made an exclusive deal through the builder to offer loans.  I have always felt that this was a bad idea and even went through some numbers with a non-builder affiliated lender once, so that they could show me how it wasn't always the best idea to take the loan the builder offered.  Although the consumer was getting the incentive and saving money, in the long run, the loan they were offering wasn't fully competitive with what the outside lender could offer.

So when I read through my emails this morning, I noticed an email from a title company that is often full of great facts and useful knowledge and here was this email about HUD changes to RESPA.  I was excited to read it.

The rule goes into effect on January 16, 2009 and builders will no longer be able to offer these great incentives for use of their preferred lenders.  Many Realtors, builders, and mortgage lenders are opposed to this idea, but I for one, welcome the change.  While I see their point of how it will affect the pricing of the homes and making them more affordable to people, my thinking leads me to believe if they can offer the discount in the first place, the room is there to lower the price.  Builders are not throwing money out the window just because.

David Wang
Prudential California Realty - Millbrae, CA
Prudential | 650.504.8190

these changes are huge and will affect our whole industry

Nov 25, 2008 12:15 PM
Mark Watterson
Salt Lake City, UT
Utah Real Estate

My experience has been they are not really discounts (maybe it is only our market).  The reductions are built into the price and/or higher rebates (ysp) to the lender that is controlled if not owned by the builder and/or developer. 

I agree with the new rule because it creates more transparency and will need all the transparency we can get in all phase of the market.

Nov 25, 2008 12:29 PM
Shirley Parks
Sands Realty 210-414-0966 - San Antonio, TX
Broker, 210-414-0966, San Antonio TX Real Estate

It will be interesting to see how this works out... Thanks for spreading the word.

Nov 25, 2008 12:32 PM
Steven Wright
Home Real Estate - Aurora, CO
CRS - Home Real Estate - 720-989-5283

Let us see how this will pan out. I do wonder what effect this will have positively or negatively on the industry. Time will tell.

Nov 25, 2008 12:41 PM
Bob & Carolin Benjamin
Benjamin Realty LLC - Gold Canyon, AZ
East Phoenix Arizona Homes

This will be interesting to watch. We have never been in favor of the lender incentives.

Nov 25, 2008 03:50 PM
Kristin Moran
Owner - RE/MAX Access - KristinMoran@Remax.net - San Antonio, TX
San Antonio,TX - Real Estate - 210-313-7397

This will be very interesting to see how it unfolds.  It always made it awkward to go back to the lender (that referred you the deal) M/M buyer won't be using you due to the sweet deal the new home sales office is offering if they use their preferred lender vs. you.  I wonder what other regulations will be coming the banks way soon??  Have a good day!  KM

Nov 26, 2008 12:13 AM
Anonymous
Jeff Reid- Project Manager -CastleRock Communities-Hou.

The incentives offered the buyer for using the builders "Preffered Lender" is to give the builder more control over their deals. I have seen dozen of outside lenders drop the ball, wait till the last moment to do anything pertaining to the loans they are supposed to be managing, and in some cases flat out lie to the builder and purchaser. Funding can take up to 3 or 4 days. I do not agree with this change and feel like if all of our loans are handled by "outsiders" confidence will erode even futher in our industry, and this we all cannot afford. 

Dec 16, 2008 03:31 AM
#7
Matt Stigliano
Kimberly Howell Properties (210) 646-HOME - San Antonio, TX

Jeff - There are all sorts of people involved in a transaction capable of "dropping the ball."  While I understand what you're saying, that you have those you can trust and know will get the job done, we all should have that same stable of reliable lenders (and others).  As a Realtor, I know who I think can get the job done, as well as who I think will work best with a particular client (some clients like a lender to be just the facts, some like a lender who is a bit more compassionate, etc.).  I'm not totally against the idea of builders having a list of preferred lenders, that isn't so bad (having several to choose from), but when a builder confines you to one lender, that bothers me.  I've even run numbers on some loan offers from a preferred lender (with incentives) vs. an outside loan and the outside loan came out on top (in terms of financial benefits), but the client (not mine I was helping another agent in the office do some calculations) took the preferred lender because they only saw the list price change and and not the big picture of the long term financial gain.  They couldn't see past the incentive number.

Dec 16, 2008 04:02 AM
Anonymous
Jeff Reid- Project Manager -CastleRock Communities-Hou.

Matt- Most builders have several lenders in there line up, but prefer to use their main source. We just closed a deal in which our buyer wanted to use his lender instead of ours. Well, as I have seen time and time again, four days before closing, the docs arent ready, they need to get some more info. from the buyer, etc, etc, and instead of closing at 9:00 am on a Friday morning, we close at 4:00pm, we dont get funding till Monday, which means they cannot get their keys and the homeowner cannot move in on the weekend. This happens time and time again. With the builders lenders, funding is immediate and the buyer can move in their new home without delay. The funny thing was that he allowed me to review his HUD statement and it was almost as good as our deal and he would have had his keys to his new home the same day. I will agree with you in the fact that some builders are almost insistant that the deal lies only on them using their lender, and that is just flat out wrong. We dont agree with this policy and we would never tell a buyer that they could not buy our home unless our lender was used. But if they so choose to, an incentive would be given. What we should address is the fact that BTSA's should be regulated. Any realtor who ask a builder or seller "Whats your BTSA?" before a contract is executed, should be stripped of their licence and shown the door. That question has been presentented to me WAY too many times.

Dec 16, 2008 05:21 AM
#9
Anonymous
GWV5903

Matt, What is your answer to the BTSA question?

Dec 16, 2008 05:35 AM
#10
Matt Stigliano
Kimberly Howell Properties (210) 646-HOME - San Antonio, TX

Jeff - I see what you're saying and I can't disagree with that too much.  A good lender on your side that you know and trust to get the job done in the correct amount of time is very important.  I have crossed lenders off my list of "people I know" simply because they wouldn't return my emails or calls.  I think my problem with the current arrangement is less a builder like you who has several lenders that you know and trust, but rather the exclusive deals that tie in to a builder and their incentive (as some of the large builders have done).

As for the BTSA - ugh.  I'm with you on that.  I love the "free" money of those bonuses, but what I don't like is the constant advertising of them to agents.  It concerns me a lot, as I have heard agents say "well, you should look to see what the available bonuses are like right now."  If I think of a bonus before showing a property, I am doing my clients no justice at all.  I have become nothing more than a money collector the minute I do that and a) that's not why I am an agent, and b) that's putting your interest above your clients, a serious violation of everything I stand for.  Everyday I go through my mailbox and discard all the builder's advertisements telling me how much extra money I can earn for selling their houses.  I do the same with emails from agents doing the same.  I find the home for my client first, then if there is a bonus - its exactly that...a bonus.  Its not the reason I showed them the house.  I had a builder tell me the other day "well the bonus is now down to $2500."  I told him I didn't care, I just hoped to sell the property (I was doing an open house for them) or meet some new potential clients.  If the $2500 was in my stocking for Christmas this year, I would appreciate it, but I won't push the sale because of it.

Dec 16, 2008 05:44 AM
Matt Stigliano
Kimberly Howell Properties (210) 646-HOME - San Antonio, TX

GWV5903 - Please see the comments in my reply to Jeff.

Dec 16, 2008 05:51 AM
Rick Kabra
Easy Soft Legal Software - North Brunswick, NJ

RESPA Final rule is complicated and confusing. If you want to learn more about specific changes in the forms and how those changes will be implemented in softwares, click on the link below:

http://www.easysoft-usa.com/news/respa-final-rule.php

rick

Jan 09, 2009 07:12 AM
Matt Stigliano
Kimberly Howell Properties (210) 646-HOME - San Antonio, TX

Rick - Thanks for the link.  Its nice to see it broken down like that.

Jan 09, 2009 07:16 AM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

Thank you for this post.  I have just written my own on the new RESPA rules and even went ahead and created a group, just for RESPA posts, like this one.

Would you please consider joining this new group and adding this post to the group.

Thank you in advance,

John

Jan 02, 2010 06:52 AM