Woe to the lender who guesses wrong

The standard Settlement Statement, the HUD-1, just got a makeover this December.  The extra page is an extra burden on lenders to get the Good Faith Estimate right the first time.

Last week at the closing for our new house, we got a small bonus courtesy of the new requirements.  The expenses are broken down into three categories based on how closely the actual charges have to agree with those on the Good Faith Estimate:

• Charges that cannot increase at all – the loan origination charge, the cost of points for the chosen interest rate, adjusted origination charges, and transfer taxes
• Charges that cannot increase by more than 10% – government recording charges, appraisal fees, cost of credit reports, cost of tax services, cost of flood certification, and cost of pest inspection
• Charges that are allowed to change – initial escrow deposit, daily interest charges, homeowner's insurance, title services, lender's title insurance, owner's title insurance, and home buyer's warranty

In our case, the lender underestimated our transfer taxes by $41.85, so we got that as a credit at closing.  What kind of sucked for the lender was that they overestimated the cost of the credit report by $26.67, and overestimated the cost of the appraisal by $50.00, but couldn't use either of these to offset the underestimate of the transfer taxes.

The new page of the HUD-1 was the result of a November, 2008, rule change to the Real Estate Settlement Procedures Act (RESPA), and went into effect at the beginning of 2010.  Though the little bonus at closing was nice, these extra regulations just slow the whole process down and mean extra costs for everyone in the long run.  The background research to get the better estimates is an additional cost.  Filling out the third page is an additional cost all the way up the chain.  The loan still goes through, I still end up owing lots of money, and the lender still has my first-born in escrow the whole time — in essence, the same kind of lender-borrower relationship that existed before — but it's not as efficient as it was before.

For the meantime, though, lenders now have to pay for some of their bad guesses.