RESPA reform

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Discuss HUD's March, 2008 proposed changes to the Real Estate Settlement Procedures Act

 

What's your take on HUD's latest shot at RESPA reform? With all the emphasis on disclosures, is this simply "RESPA light?" Or do you think that by offering incentives to package settlement services with loans, HUD has dressed up its 2002 proposal in sheep's clothing?

Either way, HUD estimates the rule change would save consumers about $8.35 billion a year. Another way to look at that is $5.88 billion in lost revenue for mortgage originators, and $2.47 billion for settlement services providers.

This group is a forum for mortgage originators, home buyers, and settlement services providers including title insurers, appraisers, and closing agents to discuss the merits and potential pitfalls in HUD's proposed changes to the Real Estate Settlement Procedures Act.

Here are some USEFUL RESPA LINKS to get you started, including the proposed rule changes, HUD's analysis of them, and public comments (NOTE: THE COMMENT PERIOD CLOSES JUNE 12, 2008].

Below you will find topics for discussion. The group is a cross between a blog and a forum -- any member is free to create their own topic by clicking on the blue "Start a new discussion" button (above).

Jul

3
2008

'Mad Chedda' for commercial RE brokers

Here's an interesting referral fee chart posted by a commercial loan broker that came my way via a Google alert. Writing on his ActiveRain blog, Charles Hennebeul of American Cash Solutions Inc.  more...

Jun

5
2008

NAR study: HUD underestimates costs

The cost of preparing HUD's proposed Good Faith Estimate will add up to $413 to the cost of obtaining a loan -- considerably more than the $181 claimed by HUD -- according to a study prepared for the National Assocation of Realtors.

The study, "The Estimated Costs of HUD’s Proposed RESPA Regulations," is authored by economist Ann Schnare.  more...

ALTA: 2002 proposal got 25 times more comments

With the June 12 deadline for comments looming, ALTA is reminding members to get their two cents in. Only 1,500 comments have been filed so far -- compared to 40,000 in 2002 -- and the group says "We need to have a much better response if we hope to affect the final rule."

May

30
2008

New study on closing costs

HUD's touting a study that suggests complex loans (with features like yield-spread premiums, discount points and seller contributions to closing costs) carry higher costs, saying it justifies the simplified disclosures proposed under RESPA. 

Study found some interesting variations in price according to education, race, region that suggest "lenders and mortgage brokers make their most favorable offers to borrowers that they consider knowledgeable about competing alternatives."  more...

May

19
2008

RESPA comments - finally submitted ...whew!

Here they are:

May 19, 2008

Regulations Division
Office of General Counsel
Department of Housing and Urban Development
451 Seventh St., SW., Room 10276
Washington, D.C. 20410-0001

Re: Real Estate Settlement Procedures Act (RESPA):
Proposed Rule to Simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs, 08-01015 [FR-5180-P-01; RIN2502-AI61]

To Our Friends at HUD:  more...

Small business impacts?

The House Small Business Committee will hold a hearing on "RESPA and its Impact on Small Business" 10 a.m. Thursday May 22.

Committee Chairwoman Nydia Velázquez, D-N.Y., was not a fan of HUD's last RESPA reform proposal.

From her March 11, 2003 statement:  more...

May

8
2008

Why do progressive Dems support slowdown?

Looking at who signed the Hinojosa/Biggert letter, it's interesting to see the breakdown of 84 Democrats to 64 Republicans (and also that the total number of signatures -- 148-- falls short of the 226 gathered in 2004).

I suppose Republicans are a little reluctant to go against what is, after all, a Bush administration initiative. But then again, that was the case in 2004, as well.  more...

May

7
2008

Comment period extended to June 12

Looks like HUD split the difference, extending comment period for 30 days sted of the 60 industry was looking for...

Rep. Hinojosa says 147 members of Congres co-signed his request to HUD for an extension, and he's not giving up on another:   more...

Apr

28
2008

What else is there to say (that can't be said in 60 days)?

It was probably no surprise to most members of this group that trade associations representing realtors, lenders, title insurers and builders would want to push the timeline for RESPA reform back by 60 days -- or perhaps into oblivion (see previous discussion).  more...

Apr

21
2008

Extend public comment period?

It's official -- industry groups are asking HUD to double the public comment period to 120 days. Representatives Ruben Hinojosa, D-Texas, and Judy Biggert, R-Ill., who led the charge in 2004, are circulating a "dear colleague" letter to build support for extending the public comment period. See Inman Blog.

Here's the text of the Hinojosa/Biggert letter:

Dear Colleague:  more...

Apr

15
2008

Will consumers shop for settlement services?

Be interested to hear the group's thoughts on whether RESPA reform will spawn Web sites that allow consumers (and real estate and mortgage pros) to shop for settlement services.

See today's story on Fairclosingcosts.com's plan to launch next month. 

 

Apr

6
2008

Should a real estate agent making a referral to a third party provider have an obligation to give an accurate fee quote?

Under the proposed GFE rule, a loan originator may relieve themselves of the burden of third party fee quote accuracy by NOT giving the consumer the name of providers. The loan originator can suggest that the consumer shop for those services themselves. In this case, the loan originator must still provide a quote for these third party services, however, there is no tolerance burden for accuracy.  more...

Apr

3
2008

So will banks have to disclose SRP?

Note: This topic was originally submitted as a comment on an Inman News story, HUD rolls out new RESPA reform proposal.  more...

Are you going to submit a comment to HUD or not?

Why are you writing your comments in this forum? The forum for submitting comments to HUD is Regulations.gov . HUD does not read comments in this forum. Submit your comments to HUD at: (Click here) .

Apr

2
2008

When do you see the GFE?

This topic was originally submitted as a comment by Kathy Glor on April 2, 2008 - 1:15pm.

Greetings to all,  more...

Put RE agents commissions, fees on GFE?

Note: this topic was originally submitted as a comment on another post by Diane Cipa on April 2, 2008 - 7:17am.

I have a question for real estate agents.

The GFE has no place for buyer paid commissions, brokerage/administrative fees, etc.

I know these fees are disclosed to the consumer in buyer agency agreements, but how do you suggest we get them into a GFE summary so the buyer is reasonably prepared for cash to close?

Apr

1
2008

RESPA links

Here's a list of links for those interested in learning more about RESPA reform. Feel free to add your own in the comments section.

Getting started:

HUD's RESPA home page.

Read HUD's proposed RESPA rule change as published in the Federal Register.

Download a copy of the proposed Good Faith Estimate (GFE).  more...

Mar

31
2008

Will HUD Secretary Jackson's departure stall RESPA reform?

Even before HUD Secretary Alphonso Jackson announced his departure (see Inman News story), K&L Gates attorneys Phillip Schulman and Holly Spencer were expressing their doubts that HUD will be able to see the latest RESPA rule changes through.  more...

Packaging incentives: tolerances

HUD wants to introduce tolerance standards that would lock in some of the estimated charges presented to borrowers before they reach the closing table, such as loan origination fees. Increases of more than 10 percent would be prohibited on other charges, including settlement services like title insurance when borrowers use services that are selected or identified for them to use (see page 3 of the proposed Good Faith Estimate).  more...

Packaging incentives: cost averaging

To reduce the record-keeping burden for settlement services providers, HUD would allow average cost pricing for services like credit reports and courier services.  more...

Packaging incentives: negotiated discounts

HUD proposes to allow loan originators and third-party settlement service providers to negotiate volume-based discounts, as long as savings are passed on to borrowers.

Sue Johnson, executive director of the Real Estate Services Providers Council Inc. (RESPRO) — a trade group representing affiliated businesses — says HUD would also ban companies from offering incentives for purchases of affiliated services, unless they are offered as part of a package of services, and the overall price for the package is less than if the services were purchased individually.  more...