Collecting Fees Prior to GFE

Posted By: ComplianceNerd

Collecting Fees Prior to GFE - 01/24/12 08:35 PM

What fees are ok to collect prior to the GFE being given to the customer?
Posted By: Truffle Royale

Re: Collecting Fees Prior to GFE - 01/24/12 08:38 PM

ONLY the fee for the credit bureau report.
Absolutely NOTHING else!
RESPA is very clear about this.
Posted By: ComplianceNerd

Re: Collecting Fees Prior to GFE - 01/24/12 09:01 PM

That's what I was thinking... Thanks!
Posted By: RulesFollower

Re: Collecting Fees Prior to GFE - 01/24/12 09:22 PM

You do not only have to issue the GFE but receive the customer's intent to proceed before you can collect money or income/deposit info per RESPA
Posted By: RulesFollower

Re: Collecting Fees Prior to GFE - 01/24/12 09:22 PM

...except for the credit report as noted by TR
Posted By: mac444

Re: Collecting Fees Prior to GFE - 02/01/12 10:34 PM

If a fee was collected prior to issuing the GFE, what is the penalty/restitution?
Posted By: rlcarey

Re: Collecting Fees Prior to GFE - 02/01/12 11:43 PM

In the GFE Section of RESPA
Violations of section 5 of RESPA (12 U.S.C. 2604).

A loan originator that violates the requirements of this section
shall be deemed to have violated section 5 of RESPA.

There are no specific penalties outlined in RESPA for a Section 5 violation, so you are at the whim of your regulator.