RESPA Information on GFE for Management

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Question:

These are general RESPA questions that have recently been proposed by Management and we would appreciate your expertise.<ol><li>Do we have to itemize Hazard Insurance on the GFE for a home equity loan when the Hazard Insurance is already in place? It is my understanding this is a requirement on the GFE because we require the Hazard Insurance to be in place before making the loan therefore it is a cost of the loan.<li>If all the fees are paid by the lender except for the origination fee, do we need to itemize each fee paid by the lender on the GFE? Doing this gives the wrong impression to the customer that they will owe fees that they actually won't have to pay.<li>If your answer is yes to #2, could we show a credit on the GFE for the fees being paid by the lender? Doing so would bring the final fee disclosed to reflect the actual amount being paid by the customer. Another related-question would be what line would the credit be reflected on the GFE? </ol>

Answer:

From a March 2010 HUD Webinar:

Block 11 - for homeowners insurance we no longer have to disclose a premium for refinancings and subordinate lien loans unless the premium is coming due and we will require it to be paid as a condition of the closing. You must still disclose homeowners insurance in Block 11 but you will show a $0.00 premium due and you must show $0.00. You cannot use NA.
Yes. The Credit Report Fee, Flood Determination Fee, etc. must be disclosed in the appropriate box on the GFE and the appropriate line on the HUD.
Yes. However remember any credit shown in Block 2 cannot be reduced if the fees come in lower than expected. It is recommended to give the customer an "informal" cash-to-close statement and then provide a lender credit which is disclosed in the 200 series of the HUD.