Skip to content
BOL Conferences
Thread Options
#1399608 - 06/04/10 02:11 PM Tolerance cure in zero tolerance category
SaaL Offline
Gold Star
Joined: Mar 2008
Posts: 294
The Texas Hill Country
Any suggestions on how to fix a tolerance issue in the zero tolerance category after settlement? We just discovered our origination charges were one cent over the amount on our GFE. It seems ridiculous to have to fix this but I can't see how we can ignore it (if anyone disagrees I'd love to hear how you think we can - ignore it that is) - anyway, I can't figure out how to actually do this since all of the guidance seems to be specific to cures in the 10% category.

Could we simply cut the customer a check for .01 and have the title company prepare a revised settlement statement showing the lower gfe amount on page 2 and 3 and lowering the totals by a penny without actually detailing a tolerance correction?

I should probably also mention we're well past 30 days since settlement - but I still think we need to make a good faith effort to make the correction.
_________________________

Return to Top
RESPA
#1399622 - 06/04/10 02:32 PM Re: Tolerance cure in zero tolerance category SaaL
Kahola Offline
Platinum Poster
Kahola
Joined: May 2001
Posts: 712
Scottsdale, AZ. 85255
We had a similar problem,past the 30 days, so we cut a check to our borrower (it was more than .01 though) and did not issue a new HUD-1. We explained in the letter sent to the borrower what happened. We found this before the examiners arrived and they were okay with the way we corrected the error.

Return to Top
#1399787 - 06/04/10 04:50 PM Re: Tolerance cure in zero tolerance category Kahola
SaaL Offline
Gold Star
Joined: Mar 2008
Posts: 294
The Texas Hill Country
Thanks Kahola. Sounds reasonable to me. I've been struggling with the redo of the HUD, and since we're out of the cure period anyway, I think a reimbursement to the client would probably be sufficient.
_________________________

Return to Top
#1399796 - 06/04/10 05:03 PM Re: Tolerance cure in zero tolerance category SaaL
RR Joker Offline
10K Club
RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
We've been revising the HUD regardless of the time frame. We've also been double reimbursing the 800 section since each line carries a zero tolerance. (although it's not fair, nor right...but until HUD says differently, I'm not sure what else to do!)
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

Return to Top
#1399802 - 06/04/10 05:17 PM Re: Tolerance cure in zero tolerance category RR Joker
SaaL Offline
Gold Star
Joined: Mar 2008
Posts: 294
The Texas Hill Country
Glad to know I'm not the only one in this situation and I appreciate the added insight. I hadn't thought about the double reimbursement.

I'm having a hard time wrapping my head around that - I see what you're saying but holy cow!
_________________________

Return to Top
#1399815 - 06/04/10 05:26 PM Re: Tolerance cure in zero tolerance category SaaL
Kahola Offline
Platinum Poster
Kahola
Joined: May 2001
Posts: 712
Scottsdale, AZ. 85255
Correction ----- we did revise the HUD-1.

Return to Top
#1400181 - 06/07/10 01:24 PM Re: Tolerance cure in zero tolerance category RR Joker
Sage Offline
Platinum Poster
Joined: Aug 2005
Posts: 914
Can you explain what double reimbursing the 800 series fees means? Was there some HUD direction on this?

Return to Top
#1400195 - 06/07/10 02:18 PM Re: Tolerance cure in zero tolerance category Sage
SaaL Offline
Gold Star
Joined: Mar 2008
Posts: 294
The Texas Hill Country
I think what joker is saying is that each individual line in the 800 series carries it's own -0- tolerance, and since I was over a penny in both line 801 and 803, even though it's the same penny, then technically I need to bring each separate line within -0- so I'd have to reimburse 2 cents, not 1 cent.

I've seen this referenced in another thread as well but I'm having a hard time on this one. Most of the other stuff I can get to make sense - mostly - but I can't imagine this would be the intent. I think I'm going to e-mail HUD - just to see what they have to say.
_________________________

Return to Top
#1400244 - 06/07/10 03:47 PM Re: Tolerance cure in zero tolerance category SaaL
RR Joker Offline
10K Club
RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
SaaL is correct. I also don't believe they intended to do that, but they've made no effort to date to change what they've said.
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

Return to Top

Moderator:  QCL