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#1972097 - 10/27/14 03:29 PM Homeowner Counseling Notice for Overseas Military
Kate Johnson Offline
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Joined: Apr 2004
Posts: 23
Wisconsin
Has anyone had to generate a Homeownership Counseling Notice for a borrower who is purchasing a home in the US, but is currently stationed overseas at a US military base? Do you use the zip code of the subject property to generate the list?

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HOEPA and Homeowner Counseling Rule
#1977819 - 11/20/14 05:49 PM Re: Homeowner Counseling Notice for Overseas Military Kate Johnson
CalifDreamin Offline
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CalifDreamin
Joined: Mar 2002
Posts: 2,267
Far from Calif
I do not see a distinction made for how you comply with the rule for people currently oversees, so it seems the list has to be generated based on the zip code where that servicemember is currently residing.

From the CFPB's November 2013 Interpretive Rule :

Quote:
B. Location by Zip Code

Section 1024.20(a)(1) requires lenders to provide a written list of homeownership counseling organizations in the loan applicant's location. As the Bureau discussed in the RESPA Homeownership Counseling Amendments, lenders comply with § 1024.20(a)(1), when they use theborrower's five-digit zip code to generate a list of the ten closest HUD-approved housing counseling agencies to the centroid of the zip code of the borrower's current address, in descending order of proximity to the centroid. The borrower's current zip code satisfies the requirement that the homeownership counseling organizations be in the loan applicant's location. The zip code of the borrower's current address is the default to be entered for list generation. Lenders, should they choose, may offer borrowers the option of generating the list from a zip code different than their home address, or from a more precise geographic marker such as a street address, but lenders are not required to offer such an option. The Bureau's tool will permit generating the list of HUD-approved housing counseling agencies through entry of zip code. A list generated by the lender pursuant to § 1024.20(a)(1)(ii) complies with § 1024.20(a)(1) when the lender generates the list through entry of zip code or from a more precise geographic marker such as a street address. Lenders generating a list pursuant to § 1024.20(a)(1)(ii) through zip code or from a more precise geographic marker such as a street address, will ensure that lists generated under this provision are obtained through similar means as those generated through the Bureau's tool, thus ensuring consistency.
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C. Homeownership Counselor Contact Information

Section 1024.20(a)(1) requires lenders to provide a written list of homeownership counseling organizations that provide relevant services in the loan applicant's location.


Would be very beneficial if there are some on the list that are available to him/her online.
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#1977890 - 11/20/14 07:23 PM Re: Homeowner Counseling Notice for Overseas Military Kate Johnson
John Burnett Offline
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John Burnett
Joined: Oct 2000
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Cape Cod
Let's face it. The rulewriters didn't anticipate that a lender might be dealing with individuals who aren't in a ZIP coded (U.S. and territories) area.

I do recall when this rule was first issued running the inquiry for a ZIP code in American Samoa. The result was a list of counselors in south Texas. Not your typical leisurely drive!
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#1993137 - 02/03/15 05:31 PM Re: Homeowner Counseling Notice for Overseas Military Kate Johnson
JoAnne Offline
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Joined: Feb 2001
Posts: 795
Michigan
One sentence in the interpretive rule above - "Lenders, should they choose, may offer borrowers the option of generating the list from a zip code different than their home address" - When the only address (other than the property address) you have is an APO, can a lender use the property address or does the interpretive rule mean you have to "offer" the consumer the option of which zip code to use and let then decide? What if you are dealing with a POA for the military person?
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#1993471 - 02/04/15 08:08 PM Re: Homeowner Counseling Notice for Overseas Military Kate Johnson
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
If the lender is willing to allow it, the applicant exercises the choice of which ZIP Code to use. The theory behind it is that the applicant and property aren't necessarily near one another, and the applicant might benefit from finding a counseling organization closer to where the applicant lives.

If you're dealing with an agent or AIF for a servicemember (or for anyone else), the agent/AIF would have the choice of the ZIP Code to use, on behalf of the actual applicant.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
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