RESPA Flashcards
RESPA Overview
-Reg X
-Purpose - To educate borrowers on the costs of their loans
-Enforced by CFPB
- Does not apply to vacant land, 25 acres or more, commercial or business loans, the government, temporary financing
-Prohibits charging 3rd part fees > actual charge
Section 6
-Regulates the servicing of mortgage loans (transfer of servicing)
Sect 6 Transfer of Servicing Disclosure
Mst provide within 3 business days of application
Goodbye Letter
15 days prior to the transfer of servicing to another servicer
Hello letter
From the new servicer within 15 days of the effective date of transfer
No late fees can be charged within ____ days of transferring service
60
Section 8
-Prohibits referral fees & kickbacks (a think of value)
-Affiliated Business arrangements (AfBA) disclosure at the time of referral
-Penalty of $10K fine or one year in prison or both
Section 9
Prohibits requiring the purchase of settlement services as a condition for sale of a property
Section 10
Regulates the Escrowing of property tax and insurance
Initial Escrow Disclosure
Within 45 calendar days of settlement
Annual Escrow Notice
within 30 days of completion of the computation rule
Maximum that can be collected at closing for the escrow account
1/6th (or two months) cushioned (total of 14 months)
In monthly payments
1/12th can be collected
Additional Disclosures
-HUD-1 required on non-TRID loans (reverse and HELOC)
-Good faith estimate (GFE) - required on non-TRID loans (reverse and (HELOC)
-Home loan toolkit - 3 business days of application on purchase transactions
- Homeownership counseling - required ALL applicants receive a homeownership counseling disclosure within 3 business days of app.