What’s the Latest? A Look Into News and Compliance.
HUD Eliminates FHA 1% Origination Fee Cap
January 5, 2010
In order to be consistent with recent changes to regulations under the Real Estate Settlement Procedures Act (RESPA), the U.S. Department of Housing and Urban Development (HUD) released a Mortgage Letter 2009-53, December 31, 2009. The Letter will remove the 1% origination fee cap on FHA-insured loans which are originated under FHA s standard mortgage insurance program.
With the new RESPA law, which went into effect January 1, 2010, lenders are now required to disclose a single, bundled origination fee on the Good Faith Estimate (GFE) and HUD-1 Settlement Statement. The law requires all origination administrative, processing, mortgage lender and broker’s compensation fees to be bundled into one, single origination charge. With the origination fee bundled as it is now required, the aggregate charge will often exceed the 1% origination fee cap. Because of this, HUD has removed the origination fee cap.
Although HUD is removing the origination fee cap, HUD still requires lenders to be "fair and reasonable" with FHA origination fees. Furthermore, HUD stated they intend to issue a percentage cap on the amount of fees that FHA lenders may charge their borrowers, which will potentially go into effect the first quarter of 2010.
HUD Delays Enforcement of New RESPA Rules.
November 18, 2009
FHA approved lenders and mortgages scurrying to comply with the RESPA rule, may have reason to relax. The U.S. Department of Housing and Urban Development (HUD) announced November 13, 2009 plans to lessen or restrain enforcement of new regulatory requirements under the new RESPA rules, which will go into effect January 1, 2010.
The Mortgage Review Board (MRB) will delay enforcement until May 1, 2010, but with stipulations. As long as the MRB has reason to believe that FHA approved mortgages have made a good faith effort to comply with the new requirements, the MRB will exercise restraint in taking enforcement actions. To determine whether lenders have made a good faith effort, the MRB will consider lenders' effort and commitment in technology, training and quality control regarding compliance to the new RESPA rules.
This announcement does not change the effective date of the new RESPA rules nor allow for any delayed implementation. Rather, HUD has acknowledged that integration of the new requirements may be a bit rocky at first. HUD has also asked other federal and relevant state enforcement agencies to exercise the same 120-day restraint in enforcement for non-FHA originations and other settlement providers that make good faith efforts to comply.
Docu Prep Prepares for Compliance to Final Risk-Based Pricing Rule
December 22, 2009
The Federal Reserve Board and the Federal Trade Commission announced the Final Rules, which coincides with the risk-based pricing rule passed six years ago. The Final Rules requires lenders to issue consumers a risk-based pricing notice when, based off the their credit report, the consumer receives less favorable loan terms compared to others. Those who receive this notice will be able to obtain a free credit report to check for accuracy.
Final Rules also allows lenders to provide their consumers with a free credit score and information about their score instead of providing a risk-based pricing notice. In preparation for the the new Final Rules, Docu Prep will be developing a risk-based pricing notice with alternative language for if the lender desires to provide a free credit report instead, as per the new Rule.
HUD Issues Updated Settlement Cost Booklet
December 16, 2009
The U.S. Department of Housing and Urban Development has released an updated Settlement Cost Booklet. January 1, 2010, lending institutions will be required to give borrowers the updated booklet within three days of application.
The booklet is 49 pages long and includes home purchasing advice, the Good Faith Estimate, the HUD-1 Settlement Statement, Glossary of Terms and other important information buyers may need.
Federal Deposit Insurance Corporation Adopts New Model Privacy Form
October 28, 2009
The Federal Reserve Board and the Federal Trade Commission announced October 28, 2009 the Final Rules, which coincides with the risk-based pricing rule passed six years ago. The Final Rules requires lenders to issue consumers a risk-based pricing notice when, based off the their credit report, the consumer receives less favorable loan terms compared to others. Those who receive this notice will be able to obtain a free credit report to check for accuracy.
Final Rules also allows lenders to provide their consumers with a free credit score and information about their score instead of providing a risk-based pricing notice. In preparation for the the new Final Rules, Docu Prep will be developing a risk-based pricing notice with alternative language for if the lender desires to provide a free credit report instead, as per the new Rule.
The Final Rules will not be effective until January 1, 2011. Docu Prep is intending to add the disclosure in mid 2010.

Did you know?
Docu Prep has expanded its private cloud architecture with a newly secured top-tier data center. The new Las Vegas data center will reduce power, increase overall efficiency, while providing customers with the highest levels of speed, accuracy and compliance.


MISMO January Trimester Workgroup
Docu Prep will be attending the MISMO Trimester Workgroup Meeting in Jacksonville, Florida, January 25th - 28th. MISMO is a subsidiary of Mortgage Bankers Association (MBA). Workshops will include credit reporting, mortgage insurance, eMortgage, and Information Security among several others offered.



Customer Service Tip
What do I need to know about GFE changes? Where can I go for answers?
With the new RESPA rules in full force, finding yourself in a frenzy may be the norm these days.

To help relieve GFE stress, Docu Prep provides a link to HUD’s RESPA FAQ. The link is found under the compliance section of Docu Prep’s website. Visit www.docuprep.com/compliance to find the RESPA FAQ.

Looking Forward
January
1
HUD’s new RESPA laws go into effect. GFE, HUD-1, and HUD-1 A change requirements are now implemented.
18
Martin Luther King Day
Docu Prep will be closed for MLK Day.
Docu Prep will be closed for MLK Day.
25
MISMO Conference (25-28)
Docu Prep will be attending the four day workgroup meeting in Jacksonville, Florida.
Docu Prep will be attending the four day workgroup meeting in Jacksonville, Florida.
End of month
E3 integration complete.February
First of month
Docu Prep’s Las Vegas data center up and running.15
Presidents Day
Docu Prep will be closed in observation of the Federal Holiday
Docu Prep will be closed in observation of the Federal Holiday





