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#1611964 - 10/04/11 01:56 PM Changes due to Changed Circumstances
Happy Birthday Cornfed Turtle Offline
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Joined: Mar 2006
Posts: 1,323
"...Somewhere in Middle Americ...
I understand that there are specific things that can be considered as a "changed circumstance" that would allow changes to a GFE. Is there a cheatsheet of what on the GFE can change for various reasons?

I'm auditing these in my bank and am having some difficulty with what can change. For example, one of our lenders had a rate lock expire. Once the rate needs to be locked again, couldn't anything on that GFE change now? The consumer ended up choosing a different loan amount and even another program. I am OK with it but I was informed that I'm wrong. I've been wrong before and I usually head for some reading! I figured there had to be a matrix out there somewhere....

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RESPA
#1611989 - 10/04/11 02:20 PM Re: Changes due to Changed Circumstances Cornfed Turtle
AFaquir Offline
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AFaquir
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The long and short of it is... you should google or research (RESPA FAQ and "changed circumstance" for almost all the reasons you can change a GFE, with some examples.

Overall:

When there is a change circumstance only the fees related to that specific changed circumstance can be altered.... (RESPA FAQ GFE-"change circumstance" #5) In other words a change GFE is not a mulligan to correct mistakes made on the original GFE.

So for example, if a house fails inspection the first time and second inspection is required to close the loan, you can change the GFE and the fee only for the inspection to account for this "change."

Because under RESPA (3500.7(f)) the lender is obligated to the terms disclosed on the GFE through settlement.

Cheers!
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#1612000 - 10/04/11 02:26 PM Re: Changes due to Changed Circumstances Cornfed Turtle
Truffle Royale Offline

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Joined: Jul 2003
Posts: 17,400
Originally Posted By: Cornfed Turtle
I understand that there are specific things that can be considered as a "changed circumstance" that would allow changes to a GFE. Is there a cheatsheet of what on the GFE can change for various reasons?

I'm auditing these in my bank and am having some difficulty with what can change. For example, one of our lenders had a rate lock expire. Once the rate needs to be locked again, couldn't anything on that GFE change now? No. The only things that can ever change on a revised GFE are those items that relate directly to the changed circumstance. ex: appraisal comes in lower so you lower the loan amount. Any fees based on the loan amount can change. The consumer ended up choosing a different loan amount and even another program. Changing loan programs is not a valid CC. I am OK with it but I was informed that I'm wrong. I've been wrong before and I usually head for some reading! I figured there had to be a matrix out there somewhere.... There is no matrix of changed circumstances.

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#1612062 - 10/04/11 03:21 PM Re: Changes due to Changed Circumstances Truffle Royale
Happy Birthday Cornfed Turtle Offline
Diamond Poster
Joined: Mar 2006
Posts: 1,323
"...Somewhere in Middle Americ...
Thanks to you both. I love the help I get here on BOL. I was looking at this example as "an expired GFE" and calling it null and void. Looks like I'm heading to the FAQs for some learning!

I like the "mulligan" reference, btw.

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