We have loan that failed to disclose PMI on the early disclosures. Nothing has changed to qualify a "changed circumstance" and redisclose. My question is, without having disclosed it on the early disclosures, can we still go ahead and charge the borrower PMI? I read on this site that if the PMI value was wrong on the earlies, it wouldn't create an issue, but we didn't disclose PMI at all!

My only concern, I think, would be that we don't want to go over the 10% tolerance for services that we select - that would include up-front mortgage insurance premiums.

Help is appreciated.

I'm also aware that we need to check the APR tolerance. If we need to redisclose the TIL, we can, but the GFE is a done deal?

Issues with that?

The addition of PMI will most likely put your APR out of tolerance requiring you to redisclsoe the ETIL under the timing requirements of 226.19(a).

As for the RESPA issue if you collect upfront premiums and they cause you to exceed the tolerance for that category you have no choice put to cure.

If we do not have a tolerance violation, then are there any other RESPA concerns?

Thanks so much Dan.

If the upfront premiums do not cause a tolerance violation then there should be no issues I can think of in a normal process. Just remember if you "absorb/pay" the up front premiums they are still disclosed and included in the tolerance calculations and the cure, if any, must go to the borrower regardless who paid the fee.