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Real Estate Settlement Procedures Act
(RESPA) On July
29, 2002 HUD released a proposed rule to reform the Real Estate
Settlement Procedures Act (RESPA). The rule proposes to create a
more "transparent" settlement process to facilitate consumers'
understanding of the true costs of their mortgage, and the functions
of the originator. HUD thinks this new process will facilitate
greater choice for the homebuyer in shopping for lower cast
mortgages and settlement service. To that end, the Department put
forward a dual approach to improving the disclosure process for
costs associated with obtaining a mortgage loan, 1) a Guaranteed
Mortgage Package (GMP)-grants an exemption from Section 8's
prohibition against kickbacks if lender guarantees cost of
settlement service package, and 2) an Improved Good Faith
Estimate-places limitations on costs. The proposal also places new
disclosure responsibilities on mortgage brokers.
NAR supports the
preservation of the current RESPA rules and opposes any broad
regulatory relief for lenders who will package services. Lenders can
package today without the exemption from Section 8. There has been
no evidence that such a regulatory structure will result in lower
costs to the consumer. NAR supports improved disclosures to ensure
consumers have the information necessary to make informed decisions.
NAR also recommends that any changes to RESPA be done in a slow and
deliberative process. There is great concern that some of the
changes contemplated in RESPA could give a competitive advantage to
lenders while offering no real benefit to the consumer. The
complexity of the marketplace and the uncertainty of future
technology should be considered in any reform
proposal.
As part of its
efforts in providing analysis to inform any decision regarding the
reform proposals, NAR received the assistance of outside consultants
in evaluating the proposals.
The Downside Risks of HUD's Guaranteed Mortgage Mortgage, by
Ann B. Schnare, Ph.D.
Access
more information about NAR's position and activities on RESPA
Reform. | |