Is a lender required to provide a written list of settlement service providers when the provider has already been selected by the seller, realtor or some other party?
Yes. While HUD has not provided written guidance on this issue, it has indicated orally that a borrower will be viewed as having the ability to shop for a provider if anyone other than the lender selects the provider. For example, if a lender does not require the use of a particular title company but a specific company is required by the purchase agreement or the seller, then the borrower is viewed as having the ability to shop for a provider. Consequently, the lender is required to provide a written list of title companies even though it is clear in the transaction which company will be used.