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RESPA Lawyer Blog

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NEW RESPA REGULATIONS CAUSING CONFUSION

Sylvia Hsieh with Lawyers USA recently interviewed several attorneys from across the United States on how the new Real Estate Settlement Procedures Act (RESPA) regulations have created confusion for both the real estate industry and for consumers. Hsieh’s article “New Real Estate Settlment Procedure Act regs stir confusion, frustration” is…

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RESPA: DEPUTY DIRECTOR IVY JACKSON IS SHUFFLED OUT OF RESPA DIVISION

The U.S. Housing and Urban Development (HUD) made a number of surprising management changes last month including the shuffling of Ivy Jackson, the Director of the Office of RESPA and Interstate Land Sales to the Office of Insured Health Care Facilities. Ivy Jackson’s departure took the real estate industry by…

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RESPA CLASS ACTION LITIGATION: CLASS ACTION CERTIFICATION DENIED IN CARTER V. WELLES-BOWEN REALTY, INC

The United States District Court for the Northern District of Ohio denied certifying a Real Estate Settlement Procedures Act “RESPA” class action lawsuit on March 11, 2010. The Carter v. Welles-Bowen Realty, Inc., case No. 3:05 CV 7427, consolidated No. 3:09 CV 400, 2010 WL 908464 (Northern District of Ohio)…

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RESPA CLASS ACTION LAWSUIT DISMISSED ON OVERCHARGING ISSUE

The United States Court of Appeals for the 9th Circuit ruled in favor of Wells Fargo Home Mortgage Inc., WFC Holdings Corporation, Wells Fargo & Company, and Wells Fargo Financial Services Inc. on the issue of whether overcharging a settlement service fee to the consumer violates the real estate settlement…

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RESPA: UPDATED RESPA RULE FAQs RELEASED ON JAN. 28, 2010

The U.S. Housing and Urban Development’s Real Estate Settlement Procedures Act (RESPA) Division released new updated FAQs on Jan. 28, 2010. The new RESPA frequently asked updated question and answers (FAQs) are in bold. One of the new questions asks whether a loan originator can require the use of its…

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RESPA REFORM QUESTION: WHERE DOES THE SELLER PAID TRANSFER TAX CHARGE ON THE HUD-1 AND GOOD FAITH ESTIMATE (GFE) GO?

Three weeks have gone by since the new RESPA Regulations went into effect and the most commonly asked question we have encountered thus far is how are Seller Paid Transfer Tax Charges shown. The Frequently Asked Questions “FAQs” state that “All charges typically paid by the borrower must be disclosed…

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RESPA: HUD RELEASES NEW 49 PAGE SETTLEMENT COST BOOKLET

The Department of Housing and Urban Development (HUD) released the new Settlement Cost Booklet. The 49 page informational booklet must be delivered to consumers within three days of the application along with the Good Faith Estimate (GFE) for a mortgage loan by their lender or mortgage broker. Even though the…

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RESPA: HUD ANNOUNCES NEW RESPA OUTREACH CAMPAIGN

The U.S. Department of Housing and Urban Development announced that it would be holding a Real Estate Settlement Procedures Act (RESPA) outreach campaign for real estate industry compliance issues last week. HUD No. 09-218 Brian Sullivan (202) 708-0685 FOR RELEASE Thursday December 03, 2009 HUD ANNOUNCES NEW RESPA OUTREACH CAMPAIGN…

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RESPA: HUD OFFICIALLY DELAYS “HUD ENFORCEMENT” OF NEW RESPA REFORM RULE

HUD announced today a delay in “HUD ENFORCEMENT” on the new RESPA Rule which goes into effect on Jan. 1st, 2010 on FHA loans. We need to highlight the fact that only HUD Enforcement of the new RESPA rule has been delayed for 120 days on FHA loans. Civil litigation…

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RESPA REFORM: IVY JACKSON ISSUES CLARIFICATION ON YIELD SPREAD PREMIUM CREDIT TO BORROWER ISSUE

The Director of the Office of RESPA and Interstate Land Sales for the U.S. Department of Housing and Urban Development, Ivy Jackson, clarified an major issue today that addresses industry confusion over the Yield Spread Premium “YSP”. Several wholesale lenders issued guidance that the new RESPA restrictions required anyone who…

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