Last week, VanEd attended the "RESPA-1" training class conducted by HUD's Denver Regional office. Some of the highlights from the class are presented here, even though some may not be new information. While HUD expects a revised proposed RESPA rule, it was not certain as to when that rule may be available.
HUD recently changed it rules on who may pay closing charges on an FHA loan, eliminating many formerly restricted provisions. At present closing costs and fees are freely negotiable except for the tax service fee which the borrower may not pay.
Question: Can a real estate broker give money to the seller at closing without violating RESPA? Answer: Yes - as long as it is shown on the HUD-1 settlement statement.
The question often arises as to whether a broker may pay an unlicensed person for leads. This is acceptable provided 1) the payment is a flat fee 2) the payments is not conditional on closing a transaction and 3) the payment is not a sliding amount based on the potential value of the transaction.
The HUD Denver Regional Office covers 17 state for RESPA. There are currently 7 ongoing RESPA investigations in the office. The biggest complaint to HUD is low-ball Good Faith Estimates (GFE). Colorado law was recently revised to require any upward difference between the GFE and the actual settlement costs to the borrower be communicated to the borrower at least 3 days before closing.
Both HUD and the Colorado Division of Real Estate believe their hottest new enforcement issues to be affiliated business arrangements/shams, appraisal issues and mortgage fraud. Erin Toll, Director of the Colorado Division of Real Estate reminded all attendees of the requirement for all licensees to register affiliated business arrangements annually via the Division Website.
Click Here for more information on the Affiliated Business Arrangement disclosure.