selected title insurance agent data call from PA Insurance Department

We received a data call from the Department today.  Among other things it says:

"The Pennsylvania Insurance Department(the "Department") is conducting a study of title insurance in Pennsylvania.  The study is under the direct supervision and control of the Department; it is being funded by the Title Insurance Rating Bureau of Pennsylvania as the Department's statistical agent for collection of

selected title insurance agent data call from PA Insurance Department

We received a data call from the Department today.  Among other things it says:

"The Pennsylvania Insurance Department(the "Department") is conducting a study of title insurance in Pennsylvania.  The study is under the direct supervision and control of the Department; it is being funded by the Title Insurance Rating Bureau of Pennsylvania as the Department's statistical agent for collection of

lien letters and transfer taxes....what the heck to do on the new GFE and HUD-1

Here's my take....

First things first, determine whether the charge is TYPICALLY a buyer/borrower fee.  If yes, then you MUST show it on the GFE and HUD as a buyer/borrower fee, even if the seller has agreed to pay for it.

In my neck of the woods, typical is determined by state and county custom.

Transfer taxes are TYPICALLY split between buyer and seller in Pennsylvania, SO one half of the

lien letters and transfer taxes....what the heck to do on the new GFE and HUD-1

Here's my take....

First things first, determine whether the charge is TYPICALLY a buyer/borrower fee.  If yes, then you MUST show it on the GFE and HUD as a buyer/borrower fee, even if the seller has agreed to pay for it.

In my neck of the woods, typical is determined by state and county custom.

Transfer taxes are TYPICALLY split between buyer and seller in Pennsylvania, SO one half of the

if you enjoy forums, there's a new title insurance forum start up

Here's a blurb from its creator, Jonathan Yasko:

There is a new web forum dedicated to title insurance professionals called The Title Web (www.thetitleweb.com).  It is by title professionals, for title professionals in the attempt to create a repository of information for all to use.  It is free to join and has main and sub-categories to for different types of topics.  In addition, there are

if you enjoy forums, there's a new title insurance forum start up

Here's a blurb from its creator, Jonathan Yasko:

There is a new web forum dedicated to title insurance professionals called The Title Web (www.thetitleweb.com).  It is by title professionals, for title professionals in the attempt to create a repository of information for all to use.  It is free to join and has main and sub-categories to for different types of topics.  In addition, there are

IRS confusion over whether or not a HUD-1 must be signed

I am getting numerous queries concerning the availability of a SIGNED HUD-1 because folks are trying to comply with IRS instructions related to the tax credit program.

The HUD-1 form is part of RESPA.  This link will take you to the pages in RESPA concerning the HUD-1.

Many of you are telling me that the IRS is asking you to provide evidence that individual states do not require signatures on

IRS confusion over whether or not a HUD-1 must be signed

I am getting numerous queries concerning the availability of a SIGNED HUD-1 because folks are trying to comply with IRS instructions related to the tax credit program.

The HUD-1 form is part of RESPA.  This link will take you to the pages in RESPA concerning the HUD-1.

Many of you are telling me that the IRS is asking you to provide evidence that individual states do not require signatures on

Hey, Stewart from GA...

you're welcome and thanks for taking a moment to call.

Stewart is a loan officer who found this post  about calculating escrow, used the formula and found that he could predict the escrows with good accuracy rather than having to guess.  He has since created a bit of software so he could ditch the pencil and paper.

The funny thing about escrow calculation is that most everyone uses software and

Hey, Stewart from GA...

you're welcome and thanks for taking a moment to call.

Stewart is a loan officer who found this post  about calculating escrow, used the formula and found that he could predict the escrows with good accuracy rather than having to guess.  He has since created a bit of software so he could ditch the pencil and paper.

The funny thing about escrow calculation is that most everyone uses software and

In a bizarre move....

we had a lender overfund a closing then ask that we change line 802 on the HUD...AFTER closing.


What?

In a bizarre move....

we had a lender overfund a closing then ask that we change line 802 on the HUD...AFTER closing.


What?

the unintended consequences of RESPA 2010 and the new HUD

For once unintended consequences are POSITIVE.  Yes, positive.  I sure don't think they intended to do this but by creating a uniform method for GFE disclosure which flows to a uniform method of HUD prep, we in the title world are enjoying UNIFORMITY of INSTRUCTIONS.  I love it.

What was it that everyone hoped to gain with UNIFORM CLOSING INSTRUCTIONS?  Uniformity, right?  Well, guess what? 

the unintended consequences of RESPA 2010 and the new HUD

For once unintended consequences are POSITIVE.  Yes, positive.  I sure don't think they intended to do this but by creating a uniform method for GFE disclosure which flows to a uniform method of HUD prep, we in the title world are enjoying UNIFORMITY of INSTRUCTIONS.  I love it.

What was it that everyone hoped to gain with UNIFORM CLOSING INSTRUCTIONS?  Uniformity, right?  Well, guess what? 

query: new GFE - FHA MIP refund

This is entirely an educated guess on my part.  I would say you would NOT show the refund on the GFE.  I think you would show it on your Cash to Close Summary or Details of Purchase on the 1003.  I do hope everyone is working with a Cash to Close Summary so that consumers have a clear understanding of the anticipated bottom line.  This is where you would show the seller assist, right?

On the HUD

query: new GFE - FHA MIP refund

This is entirely an educated guess on my part.  I would say you would NOT show the refund on the GFE.  I think you would show it on your Cash to Close Summary or Details of Purchase on the 1003.  I do hope everyone is working with a Cash to Close Summary so that consumers have a clear understanding of the anticipated bottom line.  This is where you would show the seller assist, right?

On the HUD

IRS and the HUD-1 and the tax credit...what do you think?

Here's a little e-mail chat with a reader trying to help her client.  I am very interested to hear your thoughts on this issue of the IRS requiring that all signatures must be on one piece of paper.

Diane,
I have a client that is filing the IRS Form 5405 to claim the First Time Homebuyers Credit.   She has a HUD1 that is lacking the seller’s signature.  She has contacted the settlement agent’s

IRS and the HUD-1 and the tax credit...what do you think?

Here's a little e-mail chat with a reader trying to help her client.  I am very interested to hear your thoughts on this issue of the IRS requiring that all signatures must be on one piece of paper.

Diane,
I have a client that is filing the IRS Form 5405 to claim the First Time Homebuyers Credit.   She has a HUD1 that is lacking the seller’s signature.  She has contacted the settlement agent’s

stand your ground, nicely and with patience......

We have had two closings, make that THREE closings in which the mortgage lender asked us to use different figures on line 801 than we found on the GFE. In each case, after listening to the lenders explain all sorts of methods they wanted to cure whatever problem they perceived, we just quietly said, we can't change that line, it's got to match the GFE, are you sure you haven't considered

stand your ground, nicely and with patience......

We have had two closings, make that THREE closings in which the mortgage lender asked us to use different figures on line 801 than we found on the GFE. In each case, after listening to the lenders explain all sorts of methods they wanted to cure whatever problem they perceived, we just quietly said, we can't change that line, it's got to match the GFE, are you sure you haven't considered

it's time to think about escheat rules...here's an e-mail from the PA Treasury Dept.

As a former business professional, I know the importance of understanding the various laws and statutes that affect operations. I thank all businesses who comply with Pennsylvania’s Disposition of Abandoned and Unclaimed Property Act and annually file an unclaimed property report with Treasury. To those businesses who do not, I remind you to come into compliance with this state law to avoid

it's time to think about escheat rules...here's an e-mail from the PA Treasury Dept.

As a former business professional, I know the importance of understanding the various laws and statutes that affect operations. I thank all businesses who comply with Pennsylvania’s Disposition of Abandoned and Unclaimed Property Act and annually file an unclaimed property report with Treasury. To those businesses who do not, I remind you to come into compliance with this state law to avoid

query: if two unmarried people refinance for the purpose of removing one borrower from mortgage and title in pennsylvania are there transfer tax

Yes.  A new deed will be created as part of the refinance.  When the deed is recorded transfer tax will be due unless the parties have a relationship that is exempt.

So, let's say we have two unrelated individuals who bought real estate together, perhaps friends or maybe they intended to marry but decided NOT to.  At any rate, because they are not related, there is no exemption.  Unless

query: if two unmarried people refinance for the purpose of removing one borrower from mortgage and title in pennsylvania are there transfer tax

Yes.  A new deed will be created as part of the refinance.  When the deed is recorded transfer tax will be due unless the parties have a relationship that is exempt.

So, let's say we have two unrelated individuals who bought real estate together, perhaps friends or maybe they intended to marry but decided NOT to.  At any rate, because they are not related, there is no exemption.  Unless

Just how would a consumer feel if they know their mortgage application

was being produced by a stranger - a "lead generator" overseas?  I'm not sure who the source of this advice is but read it....

"One of my friend who has a BPO (authorized) located India and plans to begin the 1003 campaign through the application. He is currently producing mortgages and transfers of hot lead, I know which are allowed under U.S. law.
Yes, I see no legal problems with data

Just how would a consumer feel if they know their mortgage application

was being produced by a stranger - a "lead generator" overseas?  I'm not sure who the source of this advice is but read it....

"One of my friend who has a BPO (authorized) located India and plans to begin the 1003 campaign through the application. He is currently producing mortgages and transfers of hot lead, I know which are allowed under U.S. law.
Yes, I see no legal problems with data

RESPA 2010 - where do we put deed prep on the HUD-1?

We insure title and performs closings in 34 counties in Pennsylvania.  In ONE of those counties it is customary for the buyer to pay deed preparation.  That county is Bedford.  So, if in Bedford, we would include the deed prep fee on the buyer side as part of title services on line #1101, even if seller paid.  In the case of a seller paid deed prep in Bedford County we would put a credit on the

RESPA 2010 - where do we put deed prep on the HUD-1?

We insure title and performs closings in 34 counties in Pennsylvania.  In ONE of those counties it is customary for the buyer to pay deed preparation.  That county is Bedford.  So, if in Bedford, we would include the deed prep fee on the buyer side as part of title services on line #1101, even if seller paid.  In the case of a seller paid deed prep in Bedford County we would put a credit on the

RESPA 2010 - We have our first closing stopped due to need to redisclose.

On Friday evening we had a dry closing.  It was a REO closing and though we had an approved seller HUD - stamped and signed "approved" by the seller's attorney, we did not have a seller signed HUD and so we had our Dry Closing Disclosure signed and held documents and money pending receipt of seller signed HUD today.

Much to our surprise, the seller noted something their attorney did not.  There

RESPA 2010 - We have our first closing stopped due to need to redisclose.

On Friday evening we had a dry closing.  It was a REO closing and though we had an approved seller HUD - stamped and signed "approved" by the seller's attorney, we did not have a seller signed HUD and so we had our Dry Closing Disclosure signed and held documents and money pending receipt of seller signed HUD today.

Much to our surprise, the seller noted something their attorney did not.  There