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Daily News and Information for the Mortgage Loan Originator
HUD Issues Final RESPA Rule
Thursday, November 20, 2008 -

McLEAN, VA. – The National Association of Mortgage Brokers (NAMB) announced its disappointment with the U.S. Department of Housing and Urban Development’s (HUD) release of the final Real Estate Settlement & Procedures Act (RESPA) Rule. NAMB believes the ultimate goal of a simplified mortgage process was not accomplished in the rule.

HUD’s RESPA Rule fell short after repeated requests by industry associations and Congress to take a comprehensive approach to RESPA reform by creating a level playing field for consumers. In November 2007, Congress noted the necessity of treating all origination channels equally with the passage of H.R. 3915, the “Mortgage Reform and Anti-Predatory Lending Act of 2007.” In addition, NAMB’s comment letter, submitted to HUD on June 12, 2008, cited two studies conducted by the Federal Trade Commission (FTC) and the Federal Reserve Board (FRB). Each of these studies revealed that different origination channels disclosing differently confuses consumers, and often times causes them to choose a more expensive loan product.

 “HUD, despite taking significant steps to address RESPA reform, failed to recognize the need for a unified, comprehensive approach towards accomplishing a simplified mortgage process,” said NAMB President, Marc Savitt, CRMS.

One area of particular concern is the revision of the Good Faith Estimate (GFE). Increasing this vital consumer disclosure from a one-page, totally itemized advisement, to a three-page, all inclusive, one number disclosure prohibits the consumers’ right to full transparency.

 NAMB will continue to review the 341-page RESPA Rule, new GFE and new HUD-1 form, and provide further comment and analysis in the future.

 For more information on the release of the final RESPA rule, please visit the NAMB Legislative Action Center.

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