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This Week in Washington

HUD celebrates Fair Housing Month with call to action

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This Week in Washington
Monday, April 5, 2021
The Department of Housing and Urban Development (HUD) has kicked off its annual Fair Housing Month celebrations with a new message: “Fair Housing: More Than Just Words.”

This year’s theme reflects the Biden-Harris administration’s commitment to advancing equity in housing and the importance of increasing public awareness of everyone’s right to fair housing.

“Fair Housing Month is a time to recommit to our nation’s obligation to ensure that everyone has equal access to safe, affordable housing,” HUD Secretary Marcia Fudge said in a news release. “Unfortunately, housing discrimination still exists, from individuals and families being denied a place to call home because of the color of their skin or where they come from, to landlords refusing to allow persons with disabilities to keep assistance animals, to individuals being denied a place to live because of who they love. In this moment of unprecedented crisis, fair housing is more important than ever.” 

Each April, HUD, local communities, fair housing advocates, and fair housing organizations across the country commemorate Fair Housing Month by hosting an array of activities that highlight HUD’s fair housing enforcement efforts, enhance Americans’ awareness of their fair housing rights, and emphasize the importance of ending housing discrimination. 

Fudge will host a virtual celebration at 2 p.m. ET April 7 with Pamela Karlan, the Department of Justice’s principal deputy assistant attorney general; Jeanine Worden, HUD’s acting assistant secretary for Fair Housing and Equal Opportunity, and HUD Senior Advisor Alanna McCargo.   

In addition to highlighting HUD’s enforcement activities, a central focus of this year’s commemoration is to provide redress to those who have experienced housing discrimination, to eliminate racial bias and other forms of discrimination in all stages of home-buying and renting, and to secure equal access to housing opportunity for all. 

Last year, HUD and its Fair Housing Assistance Program partner agencies received more than 7,700 complaints alleging discrimination based on one or more of the Fair Housing Act's seven protected classes: race, color, national origin, religion, sex, family status, and disability. During that period, the categories with the highest number of complaints were disability and race, respectively. HUD also received complaints that alleged lending discrimination as well as numerous complaints from women who faced unfair treatment, including sexual harassment.

"Although the Fair Housing Act became law in 1968, we still have major challenges ahead of us,” Worden said. “This April, on the 53rd anniversary of the Fair Housing Act, HUD is renewing its commitment to level the playing field so every person has the same opportunity to live where they choose and benefit from all of the opportunities this nation offers.”

Today's other top stories
M&A compliance considerations for title companies
Settlement possible in Maryland alleged kickback scheme
FHA revises servicing policies
NAR report: Buyers want ‘green’ properties
Waters asks House to increase FinCEN appropriations


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“The sale of a loan after the original funding of the loan at settlement is a secondary market transaction. Such a sale is exempt from RESPA coverage as a secondary market transaction."

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12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
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