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#1537252 - 04/19/11 02:01 PM RESPA - failed to disclose?
Maxx Offline
Diamond Poster
Joined: May 2006
Posts: 2,476
USA
I was presented with a loan in which I was told we were using a guaranty to back the loan and asked if RESPA, HMDA, HPML, all of that fun stuff, applied. I said no because we were using the guaranty and not securing the loan directly with a home. After the loan is closed it winds up on my desk because the loan had the guaranty but it was also directly secured by a home. RESPA was not done but would now apply. Does anyone have any suggestions on how they would handle this? Is this even a correctable violation?

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RESPA
#1537265 - 04/19/11 02:12 PM Re: RESPA - failed to disclose? Maxx
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 46,710
Bloomington, IN
You will need to prepare a HUD with the charges in the appropriate places and apply the appropriate tolerance which means you will most likely be refunding 100% of the origination charges and 90% of those costs subject to the 10% tolerance since a GFE was not provided.

BTW, when you said "all that fun stuff" I hope you didn't exclude flood because it would have applied even if the loan was secured by only the guaranty.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#1537279 - 04/19/11 02:27 PM Re: RESPA - failed to disclose? Dan Persfull
Maxx Offline
Diamond Poster
Joined: May 2006
Posts: 2,476
USA
Thanks, Dan.
No, I didn't forget flood. We managed to get that part right. :-)

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