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One of the purposes of RESPA is to
help consumers become better shoppers for settlement
services. RESPA requires that borrowers receive
disclosures at various times. Some disclosures spell out
the costs associated with the settlement, outline lender
servicing and escrow account practices and describe
business relationships between settlement service
providers.
Good Faith
Estimate of Settlement Costs. RESPA
requires that, when you apply for a loan, the lender or
mortgage broker give you a Good Faith Estimate of
settlement service charges you will likely have to pay. If
you do not get this Good Faith Estimate when you apply,
the lender or mortgage broker must mail or deliver it to
you within the next three business days.
Be aware that the amounts
listed on the Good Faith Estimate are only estimates.
Actual costs may vary. Changing market conditions can
affect prices. Remember that the lender's estimate is not
a guarantee. Keep your Good Faith Estimate so you can
compare it with the final settlement costs and ask the
lender questions about any changes.
Servicing
Disclosure Statement. RESPA
requires the lender or mortgage broker to tell you in
writing, when you apply for a loan or within the next
three business days, whether it expects that someone else
will be servicing your loan (collecting your payments).
Affiliated
Business Arrangements. Sometimes,
several businesses that offer settlement services are
owned or controlled by a common corporate parent. These
businesses are known as "affiliates." When a
lender, real estate broker, or other participant in your
settlement refers you to an affiliate for a settlement
service (such as when a real estate broker refers you to a
mortgage broker affiliate), RESPA requires the referring
party to give you an Affiliated Business Arrangement
Disclosure. This form will remind you that you are
generally not required, with certain exceptions, to use
the affiliate and are free to shop for other providers.
HUD-1 Settlement
Statement. One business day before the
settlement, you have the right to inspect the HUD-1
Settlement Statement. This statement itemizes the services
provided to you and the fees charged to you. This form is
filled out by the settlement agent who will conduct the
settlement. Be sure you have the name, address, and
telephone number of the settlement agent if you wish to
inspect this form. The fully completed HUD-1 Settlement
Statement generally must be delivered or mailed to you at
or before the settlement. In cases where there is no
settlement meeting, the escrow agent will mail you the
HUD-1 after settlement, and you have no right to inspect
it one day before settlement.
Escrow Account
Operation & Disclosures. Your lender
may require you to establish an escrow or impound account
to insure that your taxes and insurance premiums are paid
on time. If so, you will probably have to pay an initial
amount at the settlement to start the account and an
additional amount with each month's regular payment. Your
escrow account payments may include a "cushion"
or an extra amount to ensure that the lender has enough
money to make the payments when due. RESPA limits the
amount of the cushion to a maximum of two months of escrow
payments.
At the settlement or
within the next 45 days, the person servicing your loan
must give you an initial escrow account statement. That
form will show all of the payments which are expected to
be deposited into the escrow account and all of the
disbursements which are expected to be made from the
escrow account during the year ahead. Your lender or
servicer will review the escrow account annually and send
you a disclosure each year which shows the prior year's
activity and any adjustments necessary in the escrow
payments that you will make in the forthcoming year. |