“GFE 2010” TrainingPreparing the new Good Faith Estimate (GFE)

Desktop Underwriter is a registered trademark of Fannie Mae. Loan Prospector is a registered trademark of Freddie Mac. This presentation is a summary and is not complete. This information is for mortgage professionals only and should not be distributed to or used by consumers or other third-parties. Information is accurate as of the date shown below and is subject to change without notice. 7/14/2010

FIRST MORTGAGE

• Benefits of the new GFE

• Completing the New GFE 2010

• Other Issues

Topics of Discussion

FIRST MORTGAGE

• Provide Borrowers with an easy to read standard GFE that clearly answers key questions:

– What is the term of the loan

– Is the Interest rate fixed or variable

– If prepayment penalties apply

– Are there balloon payments

– Total closing costs

• Proposed Consumer savings of nearly $700 in total closing costs

– Eliminates surprises of additional cost settlement, and in disclosing the Yield Spread Premium and Discount Points in Brokered loans, fees are prominently displayed accurately thereby informing the applicant how better to use this to their advantage

• New consolidation encourages Loan Originators to seek lower costs for 3rd party services and get volume based discounts. By allowing average charges, internal operations may be simpler and less costly thereby passing the savings to the applicant.

• Consolidates closing costs in major categories to prevent junk fees and display total estimated settle charges prominently on the first page (to assist customer in comparing loan offers)

Benefits of the new GFE

GFE

Completing the “new’ Good Faith Estimate (GFE) 2010

Standardized GFE

Principal Sections on the new GFE:

Important Dates section

Summary of Your Loan

Summary of the Settlement Charges

Understanding Your Estimated Settlement Charges

Your Charges for All Other Settlement Services

Trade-Off Table

Shopping Chart

Details of the loan scenario we will use in our presentation:

Conventional fixed

30 year

Interest rate set to 6%

PMI

No prepayment penalty

No balloon payments

Escrow is required

Total origination fees are $1700

No Yield Spread Premium (YSP)

Loan Scenario

GFE Sample

First Mortgage Corporation3230 Fallow Field Drive

Diamond Bar, CA 91765

Henny Doe

FMCloans@firstmortgage.com

123 Anywhere Street

Los Angeles, CA 91765

July 1, 2010800-888-1231

7/1/2010 at 5 pm PST

7/16/2010 at 5 pm PST30

7

HUD FAQ: At lock, an updated GFE must be issued with “Important Dates” sections updated. Complete Lines 1, 3 and 4 - with the information that

corresponds to the locked rate. Line 1 – Insert date lock expires instead of when rate is

good through Line 3 – Insert lock period Line 4 –May contain “N/A” at this point.

If not locked, input for CA: 7 days All other states: 3 days

HUD FAQ: The “interest rate” and “other settlement charges” dates are independent of each other.

HUD FAQ: If a revised GFE is provided based on a changed circumstance or borrower-requested change, Line 2 must be completed by entering a new date at least 10 business days from the date the revised GFE is provided.

Tips – Important Dates

GFE Sample (middle of page 1)

1/10/2010 at 5 pm EST

1/25/2010 at 5 pm EST

45

3

180,000.00

6.00

1,151.19

January 2011

XX

X200,000.00

X

1251.99

X X

X72.55

X

X161,799

X

3 mo

30

10

9.00

1451.99

GFE Sample (bottom of page 1)

X

X

X

X

X

1151.19

4,623.75

2,923.75

1,700.00

GFE Sample (top of page 2)

Box 1

Block 1 • Contains all lender or lender and mortgage broker origination

points, processing fees and administrative fees (All or some of this line represents the mortgage broker compensation.)

Note:• See Mortgagee Letter 2009-53 which lifts the FHA 1%

origination cap • Origination charges should not be itemized on the GFE

• Exception: If a state or governmental program requires the specific itemization of origination fees, a lender may itemize on the HUD-1 in the blank 800 lines

Sample fees that can be included in Box 1 as part of your Origination Charges:

Origination Fees Commitment Fees Wire Fees Underwriting Fees Administrative Fees Mortgage Broker Fees Doc Prep Fees (Includes 3rd Party or Attorney Fees) Application Fee MERS Registration Fee Delivery/Courier Fee Doc Review Fee Electronic Fee Any other miscellaneous fees…

VA loans – Include VA non-allowable fees in Box 1 of GFE Then show on Page 2 of HUD-1 in Line 801 With a credit on Page 1 of HUD-1 in Lines 204-209 for

Transfer Tax, Owner’s policy and non-allowable

Tips - Origination Charges

GFE Sample (top of page 2)

Box 2

Box 3

Box 1

Block 2• Box 1 is only checked by the lender if no additional charges or credits apply

(Retail Use Only)• Box 2

• Contains lender credits to the borrower to cover origination and/or fees OR

• Contains a mortgage broker credit from the lender (or yield spread premium) and any additional payments made to the broker from the lender

• Box 3 - any loan origination fee or points

NOTE: Only 1 box can be checked per loan.

Box 2

Box 3

Box 1

Retail Scenario #1

Sample Retail Scenario:

• Loan Amount: $200,000• Interest Rate: 5%• Origination Point: 1% = $2,000• Administrative Fee: $500

Retail Disclosure

Retail Scenario #1 cont’d…

Retail Disclosure

Changed Circumstance Occurs:

• Loan Amount: $200,000• Appraisal came in lower than expected resulting in a 50 bp loan adjustment• Interest Rate: 5%• Origination Point: 1% = $2,000• Administrative Fee: $500

Retail Scenario #2No PointsSample Retail Scenario with No Points:

• Loan Amount: $200,000• Interest Rate: 5.25%• Lender Credit: ($1,000)• Origination Point: 0%• Lender Administrative Fee: $500

Retail Disclosure

$500

x $1,000 5.25 -$1,000

-$500

FIRST MORTGAGE

Retail Scenario #3With Discount Points

1,500.00

3,500.00

Scenario 2: Retail Loan with Discount points

Lender charging $1,500 Origination Fees including Admin Fees Borrower requested an interest rate of 5.50% LO locked in an interest rate set to 5.50% Discount points of $2,000

5.50%

2,000.00 X 2,000.00

Wholesale Scenario #1

Sample Wholesale Scenario:

• Loan Amount: $200,000• Interest Rate: 5%• Yield Spread Premium: 1% = ($2,000)• Broker Compensation: $4,000 + $200 Processing Fee = $4,200• Lender Administrative Fee: $300

Wholesale Disclosure

Wholesale Scenario #1 cont’d…

Changed Circumstance occurs:

• Loan Amount: $200,000• Interest Rate: 5%• Yield Spread Premium: .50% = ($1,000)• Broker Compensation: $4,000 + $200 Processing Fee = $4,200• Lender Administrative Fee: $300

Wholesale Disclosure

Wholesale Scenario #2

Sample Wholesale Scenario:

• Loan Amount: $200,000• Interest Rate: 5.25%• Yield Spread Premium: 2.5% = ($5,000)• Broker Compensation: $4,000 + $200 Processing Fee = $4,200• Lender Administrative Fee: $300

Wholesale Disclosure

$4,500

$5,000 5.25 -$5,000

-$500

x

Box 1: The origination charge Can decrease but CANNOT INCREASE from amount disclosed on

initial GFE.

Box 2: Credit or Charge The credit or charge can change at time of rate lock.

However, only the charge for the specific interest rate chosen may increase (applicable circumstance addressed below).

YSP (on brokered loans) must be disclosed at time of initial GFE even if loan is not locked. YSP may not be added or increased when rate is locked.

Bona fide discount points can increase at time of rate lock if the fee is reflected as a charge (points) in Box 2. The charge (points) for the interest rate can be added or

increased at rate lock so long as the fee is not added as a origination charge (Box 1).

Tips - Origination Charges

Disclosing Fees

• All fees typically charged to borrowers regardless of who pays must be listed on the GFE.

Except• Owners title, even if typically paid by the seller, must be disclosed

on the GFE in Block 5

Items to Note:• Fees disclosed, but paid by others are still bound by tolerances• Block 3 includes all third party settlement services selected by the

broker/lender– Exception: Document preparation performed by a third party should be

disclosed in Block1 (Our origination charge)

– Exception: Charges for appraisals performed by in-house appraisers should be disclosed in Block 1 (Our origination charge)

FIRST MORTGAGE

GFE Sample (top of page 2)

1,700.00

1,700.00

30.00

Credit Report Fee 20.00410.00

625.00

Tax Service Fee

Courier Fee

85.00

275.00Appraisal Fee

FIRST MORTGAGE

GFE Sample (page 2 continued)

0.00

50.00

313.69

0.00

599.06

X X

30.001 02/01/2010

30.00

FIRST MORTGAGE

GFE Sample (bottom of page 2)

Hazard Insurance

Flood Insurance

872.00

24.00

896.00

2,923.75

4,623.75

Box 4: The Escrow fee and the Lenders Policy (ALTA) are to be disclosed based

on what is written on the purchase contract (Box 4). If the contract says the buyer is to pay 50% of the escrow fee, you only have to disclose the buyer’s portion of the escrow fee. The seller’s portion should be shown as a seller credit.

Box 5 & 8: On purchase transactions, the full amount of the transfer tax (Box 8) and

the Owner’s Policy (CLTA) (Box 5) must be disclosed on the GFE no matter who is paying it.

Only the buyer’s costs per the purchase contract needs to be included in the 6% sales concession. Since the transfer tax and the Owner’s Title Policy are specifically noted in the purchase contract as paid by the seller, they are not included in the 6% buyers closing cost sales concession. They are a separate credit in the 204-209 section of the HUD-1.

The Tax Service Fee of $72.00 should not be included in the GFE for any FHA loans including the CHF ACCESS, CalPERS FHA, etc.

Tips – Boxes 4,5,8, etc.

FIRST MORTGAGE

GFE Sample (page 3)

FIRST MORTGAGE

GFE Sample (page 3 Tradeoff Table)

180,000.00

180,000.00

180,000.00

1,151.191,180.29 1,122.43

29.10

28.75

650.00 1,800.00

4,623.75 3,973.75 6,423.75

5.756.00 6.25

GFE Sample (page 3 Shopping Table)

FMC

180,000.00 3

0

1,151.19

45 days

No

4,623.75

No

No

No

No

6.00

New GFE will apply to all loans for which creditor receives an application on or after

January 1, 2010

“GFE” IMPLEMENTATION DATE

Flow ChartFAQ’s

MISCELLANEOUS

RETAIL RESPA Flow Chart

Submission Package to UW

For all applications taken on or after January 1, 2010, the following items must be included in the initial submission package to Underwriting:

Initial GFE

Intent to Proceed

Truth-in-Lending in compliance with MDIA

Change of Circumstance form (if applicable)

Re-disclosed GFE (if applicable)

Intent to Proceed for any re-disclosed GFE (if applicable)

2010 HUD-1 that has all of the initial GFE figures added to page 3

Closing Statement from escrow (if Line 1101 title charges are not broken down on an addendum to the HUD-1)

If a changed circumstance has taken place, the changed circumstance “re-disclosed GFE” is the one that should be sent to escrow for them to input onto Page 3 of the HUD-1.

Underwriting will not be able to send files to the document department unless all of the required compliance disclosures are included in the file and are accurate.

DO NOT WRITE ON THE GFE’s...

FIRST MORTGAGE

RETAIL TRAINING Q&A

WHOLESALE TRAINING Q&A

FAQ

GFE – Seller paid items:

Q: If at the time a GFE is issued, it is known that the seller will pay settlement charges typically paid by the borrower, how are the charges disclosed on the GFE?

A: All charges typically paid by the borrower must be disclosed on the GFE regardless whether the charges will be paid for by the borrower, the seller, or other party.

Q: Are charges to the seller listed on the GFE?

A: Charges that typically would NOT be charged to the borrower, but would be charged to another party such as the seller – do not have to be included on the GFE. If the borrower typically would incur charges for title services, and lender’s and owner’s title insurance, the GFE instructions make it clear that those charges are required to be listed regardless of whether, for example, the contract requires the seller to pay for the service. If there’s a question about whether the borrower or seller is to pay for a particular service, the charge for that service should be disclosed on the GFE.

GFE – Seller Credits:

Q: How do we handle seller credits?

A: As far as the GFE is concerned, the fees would need to all show on the buyer’s side and the seller paid credit would NOT appear on the new GFE at all. For TILA, we must show the fees paid by the seller to get the APR to calculate accurately.

FAQ cont’d…

GFE – Owner’s Title:

Q: Other lenders are not required to show owner’s title unless it is a FNMA repo; in all other cases, seller pays for it so why must we disclose?

A: 5% of the country charges the Owner’s Policy to the borrower and since this can be charged to the borrower, this must be disclosed to all borrower’s on all GFE’s for purchase transactions. If the seller is paying it, then a seller credit should be shown on page one of the HUD-1 to offset it but NO seller credit is to show on the GFE. See RESPA FAQs from HUD issued 12/30/09 for more details.

FIRST MORTGAGE

FMC Training & Support

First Mortgage is committed to providing ongoing trainings on the new RESPA Reform

1. RESPA Overview Training / Completing the GFE DONE

2. Completing the HUD-1 Settlement Statement DONE

3. Point Training – You need Point Version 7.2 DONE

4. FirstBase Training – FMC internal LOS system DONE

5. FMC Process Training – DONE

HUD is seeking legislation to determine how to assess penalties for non-compliance so BE PREPARED!!!

Train your internal teams/staff on the new RESPA rules, GFE, and any new software requirements

DOCUMENTATION is the key!

On behalf of First Mortgage, thank you for joining

today’s training and we hope the information

provided will help you build your business!

FIRST MORTGAGE