1. Preparing for Industry Change Prosperity Mortgage and Long and Foster June, 2009 <Insert JV logo>
2. Industry Changes : Four New Federal Requirements R egulations will affect every mortgage originator in the nation Housing & Economic Recovery Act July 30, 2009, implementation of new timelines for delivery to customer of initial disclosures and TIL Home Ownership and Equity Protection Act Oct. 1, 2009, implementation of higher-priced mortgage regulation Home Value Code of Conduct May 1, 2009, implementation of new appraisal-delivery rules: customer must receive at least 3 days before closing RESPA Tentative implementation of January 2010; legislation still in flux All Lenders Must Comply, Including Brokers I. HVCC II. HERA III. HOEPA IV. RESPA July 30, 2009, implementation of required licensing for all originators with fingerprinting, background check Reduces/eliminates rush closings or last-minute rescues; severely limits closing-table changes to fees, loan amounts, etc. New category, disclosures and processes Changes to sales marketing materials Q2 2009 implementation of new advertising disclosures Appraisal questions may delay closings; HVCC requirements must be met for sale to Fannie/Freddie Revised GFE and HUD-1; ‘Required Use’ is dead 1 Today Around the Corner In the Fall Early 2010
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15. Calendar If the application is taken in person (instead of a phone application in the example below), then we may be ready to close up to 4 business days sooner because the initial disclosures are issued and the upfront fees can be collected at application.
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Notes de l'éditeur
HVCC is Today and Now HERA is right around the corner HOEPA is in the Fall AND RESPA Early 2010
Say this before going through slide: “Before we go into detail – Why did these changes come about?”
Bullet 2 – Does not apply to government loans Bullet 3 – Anyone whose compensation is based on loan production. -Our liasion between sales and Rels is our Operations Managers Bullet 4 – What this means is that the borrower will be required to certify that they have received a copy of the appraisal at least 3 business days prior to closing or waive their right to this requirement at closing. Bullet 5 – What this means is any closing cost addenda/any addenda must be given to the appraiser upfront and must b in final valuation within 3 days before closing. Completion of the appraisal is not enough, so for example, if any changes go to underwriting or any changes at all, that can restart the clock. Let’s talk about how our appraisal process works (click to next slide)
*Note: FNMA/FHLMC will be closely monitoring this process much like the right of recession on a refinance
Bullet 2 – This means no appraisal can be ordered Note: In a face to face application, the fees can be collected at time of application because disclosures are given at that time Smart TIL - (mailed day one – 4 th business day after mailing starts the 3-business day “wait” for closing) APR – Annual Percentage Rate is a term used in the Truth-in-Lending Act to represent the percentage relationship of the total finance charge to the amount of the loan. This is not the same thing as the interest rate, which is used to determine the monthly principal and interest payment. The APR reflects the cost of the mortgage loan as a yearly rate. It will be higher than the interest rate stated on the note because it includes (in addition to the interest rate) loan discount points, fees, and mortgage insurance.
As a response to subprime crises HOEPA was passed Currently, there are no sub-prime loans but the rules now exist and were put into place to regulate these types of loans but we will probably not see sub-prime loans offered again.
Effective date is a moving target
In a perfect world where everyone does everything perfectly, this calendar shows the quickest we could close a loan
There is this mystic of the closing date having to be a particular day