May
7
THE TOP 5 FREQUENTLY ASKED QUESTIONS ABOUT THE NEW HUD SETTLEMENT STATEMENTWith the new Settlement Statements and Good Faith Estimates in full force now, there are still many questions about how to properly disclose buyer costs. Often it takes time to resolve these issues, which can delay closings. Below, please see the Top 5 Frequently Asked Questions that have been asked of our escrow associates since we began to use the new forms. Thankfully, HUD has answered these questions and their exact answers are shown below.Q: Do loan originators have to provide a price for Owner‘s title insurance on the GFE?
A: Loan originators must provide an estimate of the charge for an Owner‘s title insurance policy in Block 5, (Owner‘s title insurance) on the GFE on all purchase transactions. For non-purchase transactions, the loan originator may enter -NA- or Not Applicable in this Block.Q: What if at closing the seller is paying for a settlement service that was listed on the GFE, such as the Owner‘s title insurance policy? How is this shown on the HUD-1?
A: If the seller is paying for a service that was on the GFE, such as Owner‘s title insurance, the charge remains in the borrower‘s column on the HUD-1. A credit from the seller to the borrower to offset the charge should be listed on the first page of the HUD-1 in Lines 204-209 and Lines 506-509 respectively.Q: If an attorney prepares loan documents for a lender, where does that charge go on the HUD-1?
A: Loan document preparation done on behalf of the loan originator is a processing and administrative service in the origination of a loan and is included in the charge on Line 801 of the HUD-1, and may not be separately itemized. See 24 CFR § 3500.8(b)(1).Q: If a borrower was quoted a basic owner‘s title insurance policy, but requests an enhanced owner‘s title insurance policy or an endorsement to the owner‘s title insurance policy, should the loan originator issue a revised GFE?
A: If the borrower requests an enhanced owner‘s title insurance policy or an endorsement to an owner‘s title insurance policy after the loan originator issues the GFE, the loan originator may choose to treat such a request by the borrower as a changed circumstance. The loan originator may then choose to provide a revised GFE to the borrower to disclose the increased charges. If the increased charges do not exceed tolerances, the loan originator may opt not to issue a revised GFE.Q: What fees are to be recorded in the 800 series of the HUD-1, beginning on Line 804?
A: When the loan originator selects the settlement service provider, fees for third party settlement services that are required by the loan originator are recorded in the 800 series beginning on Line 804. These third party services and fees most often include appraisals, credit reports, flood searches, tax service, and governmental loan program charges, such as VA, FHA, Rural Housing Service, or state bond loan programs. Processing or administrative services are part of “Our origination charge” and may not be separately itemized. The HUD-1 Instructions for the 800 series explain which fees go on which lines.Proper disclosure of the GFE up front has become a critical component of getting buyers to closing on time. Last minute issues with disclosure can lead to upset and confused buyers. As long as the loan officers accurately disclose on their Good Faith Estimates, closing delays should not occur. As a tip to realtors, it is a good idea to contact the buyer’s lender the week before closing to make sure all of the proper disclosures have been made to the buyer. Not only does this help take care of the new GFE requirements, it also helps make sure that the Truth-In-Lending law does not create any issues for closing.
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