"Based on what I do, it appears I am practicing law. As we know title companies have closers as employees. They don't prepare anything. All they do is close loans. Since these closers are going over the HUD-1 and showing the customers the fees that they were charged and referring them to the L.O. on questions on fees. Are they practicing law?"
The short answer to this is "no".
The longer answer is that you need to understand what UPL is and isn't. ANYONE can explain the law in general terms, but only a licensed attorney can explain the law and apply it to a client's specific circumstances.
Given that, there is nothing wrong with showing the borrower the fees they are being charged and explaining to them WHAT the fees are for; where you might cross the line is if you tried to explain to them WHY they are being charged that specific fee, because at that point you're getting into the specifics of the loan and you may not be qualified (or authorized) to do that.
Rule of thumb: what (generalities) = good; why (specifics) = bad. Remember that, and everything else is cream cheese... |
