Embarrased, mortified, simply put, I am ashamed. Yesterday I conducted my first closings using the new HUD-1. And, for the first time in my life, I felt like a scam artist (if a scam artist has a conscience). Make no mistake, I am serious. I found myself cringing while explaining the “improved” HUD-1 and apologizing to the consumers for the LACK of transparency in what I was asking them to sign.

The glazed look on their faces only worsened my discomfort. In my career I venture to guess that I have prepared and explained more than 10,000 Settlement Statements. Now, I am shuffling papers and jumping back and forth between line items trying to reveal the whole financial picture. After going from point A to B then to C and back to A, the borrowers gave me a “You’ve got to be kidding me” look. I could only offer that the new RESPA regulations are here to help the consumer.

Ethical professionals care

I am not adverse to change but what was once a one or two page form is now six pages with three of the pages being optional. For any professional who believes in the importance of full disclosure, the last three pages are essential. Pages one, two, and three are the new HUD-1 standard and the fourth page contains signature lines (silly me, I think this is kind of important). The last two pages include one from the lender and one from the title insurance agent to outline the “hidden” fees charged but not disclosed on the first two pages. But remember, the last three pages are optional.

With the absence of required full disclosure, we’ve created an information vacuum with the unintentional consequence of establishing a playground for the true con artists to prey on consumers.

Hope IS part of my game plan

Maybe I am feeling this way because the procedures are new. Maybe I am not reading the new rules correctly. Should I attend one more webinar, seminar, hudinar, or go find the most recent version of the FAQs? Something tells me that my discomfort won’t be addressed in these outlets. How do you achieve comfort when you know you are pedaling something that just isn’t right?

I can only hope that ALTA is listening to its members and fulfilling its promise to report back to HUD on our experience in the field. My next hope is that HUD will listen. But most of all, I hope my industry colleagues will continue to be vocal. The Consumer deserves no less.

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{ 1 comment }

Warning: Do not wait until you have your first settlement that requires use of the new HUD-1 before trying out your software. I promised myself I would create a “dummy” file so I could run the new HUD-1 through the ringer. Unfortunately, I never got to it.

The hours and hours I spent with Title Express on Friday solved some issues, but uncovered another major problem. I am waiting to hear back on that one. Luckily settlement is not scheduled until four o’clock on Monday. [click to continue…]

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{ 2 comments }

In case you missed them throughout the year, the most popular posts from 2009:

  1. Class action suit targets LandAmerica
  2. Title Industry Leaders Propose Suspending Reality
  3. First American sued over $3 Million Claim
  4. Title Insurance: Can we redirect its future?
  5. The Final Chapters Begin – LandAmerica shutting down headquarters
  6. The Pennsylvania Attorney General: ABA’s should be Unlawful
  7. Petty Larceny on a Grand Scale
  8. The Importance of Good Funds – Don’t Trust Fed Wire Numbers
  9. You have to be kidding me
  10. HUD Updates the FAQs for Updated RESPA
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Irony Alert: Foreclosure.com Files for Bankruptcy

by Dave Wirsching

For fans of Irony everywhere – it looks like the parent company for Foreclosure.com has filed for bankruptcy:
parent company of Foreclosure.com, FFS Data, has filed for Chapter 11 reorganization on December 23rd. The company cites $9.1 million in assets versus $27.5 of debt and $15.7 million income so far.

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The Gift that Just Keeps on Giving or All Together Now, If I Had a Hammer…

by Francine D'Elia Wirsching

The lending and title insurance industries have been diligently preparing for RESPA Reform. Seminars, webinars, out with the old, in with the new, suit up your’re in! I am not sure if it was the Department of Housing and Urban Development or some obscure federal agency with extra bodies who came up with the new regulations, but in speaking with colleagues, including lenders, none of us can fathom that anyone involved had significant mortgage and real estate closing experience.

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Fidelity Misses Q3 Expectations

by Dave Wirsching

RTTNews – Breaking News, financial breaking News, Positive EPS Surprises, Stock research ….
Fidelity National Financial, Inc. (FNF), reported a swing to profit in the third quarter on higher revenues and lower expenses. However, the profit per share was lower than Wall Street expectations.

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Title Insurance out of CFPA?

by Dave Wirsching

Moore’s amendment on credit insurance regulation draws fire – JSOnline
On Wednesday, the House Financial Services Committee approved the Milwaukee Democrat’s amendment to exempt credit insurance – as well as mortgage and title insurance – from regulation under a new consumer agency.

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RESPA Violation or Not?

by Francine D'Elia Wirsching

So, what is your opinion? I have heard these two situations represent a RESPA violation and I have also been told that since the real estate agency and the bank are giving the “kick-back” and not the title agency that there is no RESPA violation.

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GMAC and Wells Fargo Focusing on Payoffs

by Francine D'Elia Wirsching

We all know that payoff letters state that funds must be remitted by wire, cashier/bank check, or certified check and we all know that for years a “title” company check was acceptable.

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ALTA President Testifies before Congress

by Dave Wirsching

Highlights via the ALTA press release here.
Mike Pryor’s submitted statement to the House Small Business Committee .
Mike Pryor’s oral testimony.
A video of his testimony on YouTube.
Congratulations to ALTA in getting their message out in multiple media within hours.  Well done.

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