|
(a) Use by settlement
agent. The settlement agent shall use the HUD- 1 settlement
statement in every settlement involving a federally related mortgage
loan in which there is a borrower and a seller. For transactions in
which there is a borrower and no seller, such as refinancing loans or
subordinate lien loans, the HUD-1 may be utilized by using the
borrower's side of the HUD-1 statement. Alternatively, the form HUD-1A
may be used for these transactions. Either the HUD-1 or the HUD-1A, as
appropriate, shall be used for every RESPA-covered transaction, unless
its use is specifically exempted, but the HUD-1 or HUD-1A may be
modified as permitted under this part. The use of the HUD- 1 or HUD-1A
is exempted for open-end lines of credit (home-equity plans) covered
by the Truth in Lending Act and Regulation Z.
(b) Charges to be stated. The settlement agent shall complete
the HUD-1 or HUD-1A in accordance with the instructions set forth in
appendix A to this part.
(c) Aggregate accounting at settlement. (1) After
itemizing individual deposits in the 1000 series using single-item
accounting, the servicer shall make an adjustment based on aggregate
accounting. This adjustment equals the difference in the deposit
required under aggregate accounting and the sum of the deposits
required under single-item accounting. The computation steps for both
accounting methods are set out in Sec. 3500.17(d). The adjustment will
always be a negative number or zero (-0-). The settlement agent shall
enter the aggregate adjustment amount on a final line in the 1000
series of the HUD-1 or HUD-1A statement.
(2) During the phase-in period, as defined in Sec. 3500.17(b),
an alternative procedure is available. The settlement agent may
initially calculate the 1000 series deposits for the HUD-1 and HUD-1A
settlement statement using single-item analysis with only a one-month
cushion (unless the mortgage loan documents indicate a smaller
amount). In the escrow account analysis conducted within 45 days of
settlement, however, the servicer shall adjust the escrow account to
reflect the aggregate accounting balance. Appendix E to this part sets
out examples of aggregate analysis. Appendix A to this part contains
instructions for completing the HUD-1 or HUD-1A settlement statements
using an aggregate analysis adjustment and the alternative process
during the phase-in period.
|