RE: Docket No. FR-5180-P-01 and the title “Real Estate Settlement Procedures
Act (RESPA):Proposed Rules To Simplify and Improve the Process of Obtaining
Mortgages and Reduce Consumer Settlement Costs
Having a HUD approved script read to signers would be a valuable tool for notaries
who are required by law to ask signers if they understand the documents before
signing.
The problem with having a signing agent competant to answer questions is that
that would require either several parties to be present or one party who is not
qualified in all areas of concern to answer questions.
A better solution would be to require the reading of the HUD approved script and
then have the signer acknowledge that they understand. If the signer does not
understand, then the signing agent would then direct them to the proper party for
an explanation.
The existing proposal would require the presence of a loan officer, real estate
agent, escrow agent, notary, appraiser, attorney, engineer and others to be
present to answer questions.
Notaries who are always present are not allowed to explain terms and conditions.
Even licensed real estate agents are uncomfortable explaining parts of the real
estate transaction in which they are not expert.
Again having a signing agent who can refer the signer to the proper party to
explain the document which the signer has questions about is the best way to go.
Comment Submitted by Richard Glass, Keller Williams Gainesville Realty
This is comment on Proposed Rule
FR-5180-N-02: Real Estate Settlement Procedures Act (RESPA) Proposed Rule To Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs: Extension of Public Comment Period
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