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#1887327 - 01/16/14 01:44 PM Homeownership Counseling Notice vs List
JoAnne Offline
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Michigan
I have a sticky note with all my HOEPA Rule documentation that says "Homeownership Counseling Notice required by HUD still applicable". Is that a true statement and, if so, where can I find documentation to support it?
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HOEPA and Homeowner Counseling Rule
#1887333 - 01/16/14 01:49 PM Re: Homeownership Counseling Notice vs List JoAnne
RR Joker Offline
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The Swamp
I'm not sure I'm completely understanding your question, but the Bureau list should replace the old HUD list, although they are about the same as far as I know. (HUD approved).

All RESPA loans will require the list be given and covered loans will require the actual evidence of counseling.
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#1887347 - 01/16/14 02:09 PM Re: Homeownership Counseling Notice vs List JoAnne
JoAnne Offline
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Joined: Feb 2001
Posts: 795
Michigan
RR Joker - it is me who is confused and not understanding my own questions crazy I have been out of the lending environment for a few years....my lender gave me a copy of a Notice they provide and asked if the new HOEPA Rules replaces this...The notice contains 5 pages.
Page 1: Borrowers Bill of Rights which contains signature lines

Page 2: Consumer Caution and Home Ownerhip Counseling Notice which says "If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and all money you have invested in it, if you do not meet your obligations under the loan, including making all your payments." There is more information including the counseling hotline phone # and HUD's website, shoping around information, payments contricuting to credit reatings, etc. This page also contains signature lines.

Page 3: List of HUD-Approved Credit Counseling Agencies along with HUD's phone # and website.

Page 4-5: SCRA Notice

The questions I am being asked are:
1. Can the list of HUD-Approved Credit Counseling Agencies on page 3 be replaced with the new "list of 10"?

I thought HUD still required a Notice be given with their phone # and website and the HOEPA List of 10 was in addition to the HUD Notice?

2. Can the Consumer Caution page 2 be omitted - he says he thought this notice applied to LTV's greater than 97% and our max LTV is 96.5%
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#1887356 - 01/16/14 02:15 PM Re: Homeownership Counseling Notice vs List JoAnne
JoAnne Offline
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Joined: Feb 2001
Posts: 795
Michigan
I think I found my some of my answers in something written by Mary Beth Guard in 2002 - The Notice to Applicants is required if the applicant is a first-time homebuyer; AND the morgage involves a principal obligation in excess of 97% LTV

The notice is still required for delinquent borrowers.

Is this correct?
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#1887369 - 01/16/14 02:30 PM Re: Homeownership Counseling Notice vs List JoAnne
RR Joker Offline
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The Swamp
I'm really sorry, JoAnne...some of that may be secondary market requirments, or your state maybe?

The only "Notice to Applicants" I'm familiar with has nothing to do with first-time or excessive LTV, but the Notice to Home Loan Applicants required by FACTA.

To my knowlege, #1 would be 'yes'. The 'official' list now comes from the CFPB website.
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#1887376 - 01/16/14 02:43 PM Re: Homeownership Counseling Notice vs List JoAnne
JoAnne Offline
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Joined: Feb 2001
Posts: 795
Michigan
Thank you.
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