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#32229 - 09/11/02 05:30 PM Respa GFE and HUD P.O.C. charges

When a customer pays a fee outside of closing, it is obvious that it is a POC on both forms but what about when a customer pays in cash or by check at closing, isn't it then just included in the Line 300-302 as amount due from borrower and not a POC? And then what if the bank's policy is to collect a type of application consisting of credit report, origination fee at application but the customer waits to bring the check at closing. Does that change it from being an original POC to a paid at closing charge? Does it matter too if the fee paid at closing is paid to the bank or to the attorney to pay the charge?

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Lending Compliance
#32230 - 09/11/02 05:39 PM Re: Respa GFE and HUD P.O.C. charges
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 46,772
Bloomington, IN
I have always interpreted POC as anything paid by the borrower(s) before closing. If they pay any charges at the closing, we do not consider it as POC and note it on the HUD as proceeds received from the borrowwer(s) and either add to or deduct from the proceeds.
The opinions expressed are mine and they are not to be taken as legal advice.

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#32231 - 09/11/02 08:58 PM Re: Respa GFE and HUD P.O.C. charges
ahou Offline
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Joined: Aug 2002
Posts: 3,094
Question 10 of HUD's response to the Massachusetts Bankers Association (in year 2000) states "...the item should not be disclosed as POC since it is a charge that the consumer is paying for at closing. "
Opinions are my own and not of my employer.

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#32232 - 09/12/02 08:32 PM Re: Respa GFE and HUD P.O.C. charges
Rangers Fan Offline
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Joined: Dec 2001
Posts: 345
Ditto on the last response-we do the same thing.

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