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#1460974 - 10/28/10 07:12 PM Application Fee (Mortgage Loan)
JW QC Audit Offline
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Joined: Aug 2008
Posts: 50
Good Afternoon,

The marketing officer talks with the client and requests a certain amount of money, for the start of the transaction 6/7/2010.

1)Postal Money Order 06/07/2010 $ 696.00 (Appraisal Fee, Flood Cert, Credit Report etc.)
2) Initial Urla 06/12/1910
3) Good Faith was sent 6/7/2010

The Marketing officer, may request or collect money, before the start of a transaction?

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RESPA
#1460984 - 10/28/10 07:18 PM Re: Application Fee (Mortgage Loan) JW QC Audit
RR Joker Offline
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Posts: 20,656
The Swamp
You cannot collect anything more than the credit report fee until your required time periods have elapsed. You have time periods associated with delivery of the GFE, and the eTIL and methods of delivery.

Why is your marketing officer taking a mortage application? Well, really none of my business. crazy
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#1461009 - 10/28/10 07:33 PM Re: Application Fee (Mortgage Loan) RR Joker
Truffle Royale Offline

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I respectfully disagree. Time periods have nothing to do with money collection. You cannot collect anything more than the cbr until after the applicant has expressed their intent to proceed with the loan after receipt of their GFE.

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#1461017 - 10/28/10 07:40 PM Re: Application Fee (Mortgage Loan) Truffle Royale
RR Joker Offline
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That's okay, TR...I was just trying to cover all basis depending on the situation. If the eTIL was mailed, you have to wait 3 days before collecting other than the CR fee:

Imposition of fees. Except as provided in paragraph (a)(1)(iii) of this section, neither a creditor nor any other person may impose a fee on the consumer in connection with the consumer's application for a mortgage transaction subject to paragraph (a)(1)(i) of this section before the consumer has received the disclosures required by paragraph (a)(1)(i) of this section. If the disclosures are mailed to the consumer, the consumer is considered to have received them three business days after they are mailed.
Last edited by RR joker; 10/28/10 07:41 PM.
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

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#1461043 - 10/28/10 08:06 PM Re: Application Fee (Mortgage Loan) RR Joker
JW QC Audit Offline
Member
Joined: Aug 2008
Posts: 50
The action of (request or collect), the application fee before GFE / TIL, would be a violation?

Very grateful for your answers,

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#1461065 - 10/28/10 08:31 PM Re: Application Fee (Mortgage Loan) JW QC Audit
RR Joker Offline
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RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
yes
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

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#1461074 - 10/28/10 08:45 PM Re: Application Fee (Mortgage Loan) RR Joker
Truffle Royale Offline

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Posts: 17,397
^^ditto^^

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#1461290 - 10/29/10 02:15 PM Re: Application Fee (Mortgage Loan) RR Joker
RR Joker Offline
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RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
Originally Posted By: RR joker
That's okay, TR...I was just trying to cover all basis depending on the situation. If the eTIL was mailed, you have to wait 3 days before collecting other than the CR fee:

Imposition of fees. Except as provided in paragraph (a)(1)(iii) of this section, neither a creditor nor any other person may impose a fee on the consumer in connection with the consumer's application for a mortgage transaction subject to paragraph (a)(1)(i) of this section before the consumer has received the disclosures required by paragraph (a)(1)(i) of this section. If the disclosures are mailed to the consumer, the consumer is considered to have received them three business days after they are mailed.


and I digress. TR is correct, it's covered otherwise in the commentary to Z.

If the creditor places the disclosures in the mail, the creditor may impose a fee after the consumer receives the disclosures or, in all cases, after midnight on the third business day following mailing of the disclosures.

So, if they call you and say...Hey, I got them and they expres intent, you could collect on day 2.

If you send them through the regular mail...you can go with "in all cases" once they give intent. (snarky comment on the snail mail industry. wink )
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My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

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