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Mortgage Interest Rate Lock In... when I received the GFE from the actual lender the mortgage rate on their form was higher than the GFE I signed with my broker... does the interest rate I locked in with my broker have to be honored by the lender...
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The proposed Good Faith Estimate is four times as long as the most common GFE issued today, and the categories used in the two documents don't correspond.
2) The loan estimate, which replaces the GFE, will be required to be issued within three days of receiving only six pieces of information instead of six plus a catchall seventh as HUD had done.
While it is a far cry from the simple one - page form promised by CFPB when it began what it called its «Know Before You Owe» campaign, it does seem to do a reasonable job aligning the RESPA Good Faith Estimate (GFE) and the TILA disclosure (TIL) in the document they refer to as the «loan estimate.»
Many times the GFE and the final HUD figures do indeed differ from each other.
Mortgage Brokers didn't make the Old GFE.
TILA provides for a private right of action, with statutory damages for some violations, whereas RESPA does not provide a private right of action related to the RESPA GFE and RESPA settlement statement requirements.
For federally related mortgage loans, § 1024.7 (d) of Regulation X requires the summary table on page 1 of the RESPA GFE to state whether or not the loan has a prepayment penalty with the text, «Does your loan have a prepayment penalty?»
Under the HUD exemption, lenders need not provide the RESPA GFE and RESPA settlement statement when six prerequisites are satisfied: (1) The loan is secured by a subordinate lien; (2) the loan's purpose is to finance downpayment, closing costs, or similar homebuyer assistance, such as principal or interest subsidies, property rehabilitation assistance, energy efficiency assistance, or foreclosure avoidance or prevention; (3) interest is not charged on the loan; (4) repayment of the loan is forgiven or deferred subject to specified conditions; (5) total settlement costs do not exceed one percent of the loan amount and are limited to fees for recordation, application, and housing counseling; and (6) the loan recipient is provided at or before settlement with a written disclosure of the loan terms, repayment conditions, and costs of the loan.
You don't have to take the mortgage loan just because you receive a GFE.
However, TILA, RESPA, and their implementing regulations currently do not expressly require the disclosure of: (1) The email address of the creditor (unless the creditor is also the loan originator, in which case it must be disclosed on the GFE but not on the RESPA settlement statement); (2) the name, email address, and phone number of the consumer's primary contact with the creditor; (3) the email address of the closing agent; (4) the name, email address, and phone number of the consumer's and seller's real estate brokers, if any; or (5) the license number or other unique identifier issued by the applicable jurisdiction or regulating body with which a closing agent or real estate broker is licensed and / or registered, if any.
The final rule does not increase PRA burden associated with Regulation X, and instead removes the majority of the burden associated with two information collections: (i) The RESPA GFE and (ii) the RESPA settlement statement.
«If a revised GFE is to be provided, the loan originator must do so within 3 business days of the borrower's request.»
«If a revised GFE is to be provided, the loan originator must do so within 3 business days of receiving information sufficient to establish changed circumstances.»