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Transfer of Servicing Disclosure Revised Effective January 16, 2009

When HUD recently issued its final rule under the Real Estate Settlement Procedures Act (RESPA) (available here), the new, standardized Good Faith Estimate (GFE) form and revised HUD-1/HUD-1A Settlement Statements received, quite understandably, prominent and extensive publicity.  No doubt, we too will be commenting often on these new disclosures leading up to the January 1, 2010 mandatory usage date.  However, what some might have missed are the technical revisions made to the transfer of mortgage servicing disclosure requirements.  The revisions are "technical" because RESPA itself was modified in 1996 (!) to simplify the mortgage servicing transfer disclosure requirements although HUD's regulations (Regulation X) were never amended.  In fairness, HUD has in the past proposed revisions to Regulation X to conform to the simplified disclosure requirements, but no final rule was ever finally adopted until now.  The revised disclosure is radically different from, and simpler than, its predecessor.  Gone are, for example, the disclosures regarding transfer practices and requirements, historical servicing transfer quartile percentages, and complaint resolution provisions, and in their place are simple statements of intent with respect to servicing transfer.  The old regulatory disclosure requirements and sample language are available here.  The new regulatory disclosure requirements and sample language, respectively, are available here and here. The revised mortgage servicing transfer disclosure becomes effective on January 16, 2009 and can be viewed here.