We have had two closings, make that THREE closings in which the mortgage lender asked us to use different figures on line 801 than we found on the GFE. In each case, after listening to the lenders explain all sorts of methods they wanted to cure whatever problem they perceived, we just quietly said, we can't change that line, it's got to match the GFE, are you sure you haven't considered redisclosure? In all three cases the lender contact went back to their compliance department and found that there was either a different resolution which worked within the rules or there was a need for redisclosure. In fact, in one case a compliance team had already sent the redisclosure to the consumer even though the closer hadn't realized it.
By just quietly standing our ground and giving the lender time to think through the situation, we all came to compliant conclusions. Each case has unique twists and issues that haven't yet been thought through - including internal lender accounting dynamics. In each case, the lender has thanked us for watching their back and noted their concern that other transactions had closed without question through other title agents who have manually adjusted their HUD to NOT match up with the GFE on line 801. So, if you are a title agent, check with your staff to make certain that they are not blindly following instructions. YES, that gives you cover, but we're in this together and helping each other is a good thing, eh? ;)