What about prelim. GFE's we send to borrowers as a first look.
I presume you are referring to sending information to prospects who do not have a specific property in mind or under contract. These prospects are interested in obtaining information on costs, payments, preapproval, etc. before they purchase a property and before applying for a loan on that property.
Here is the FAQ on that specific situation:
10) Q: How may applications under a preapproval program as defined by Section 203.2(b)(2) of Regulation C be treated?
A: For the purposes of RESPA, "application" is defined at 24 CFR § 3500.2(b). The RESPA rule does not address preapprovals or the information required in relation to preapprovals. The Federal Reserve is responsible for promulgating, interpreting and enforcing Regulation C.
Simply put, there is no requirement to provide a prospect a GFE until they apply for a loan on a specific property.
you have to get information such as soc. sec. #'s before a GFE is provided?
An originator is not required to get information such as soc. sec. #, property address, etc prior to issuing a GFE. Although, if an originator issues a GFE prior to receiving those items it is presumed that they have them. So if you issue a GFE before the customer has a contract or property in mind or has given a complete application the GFE can not change except as provided in the new rules:
23) Q: May a loan originator issue a GFE if the loan originator has not received one of the six pieces of information included in the definition of an application (borrower‘s name, borrower‘s monthly income, borrower‘s social security number, property address, estimate of the value of the property and mortgage loan amount sought)?
A: An application includes information the loan originator requires the borrower to submit in anticipation of a credit decision. If a loan originator issues a GFE, the loan originator is presumed to have received all six pieces of information.
24) Q: Are loan originators permitted to process a loan without all six pieces of information included in the definition of an application?
A: Yes. Loan originators may process a loan after they have issued a GFE and the borrower has received the GFE and has decided to proceed with the loan. It is presumed that, prior to issuing a GFE, a loan originator has received all six pieces of information.
8) Q: Are the following sufficient to establish "changed circumstances" consistent with 24 CFR § 3500.7(f)?
ii) If a GFE is issued without a property address, the later identification of a property address.
A: If a loan originator issues a GFE without identifying a property address, the subsequent identification of the property address is not considered a changed circumstance.
Interestingly enough an incorrect address could be considered a "changed circumstance."
v) The property address provided by the applicant, turns out to not be the correct, legal address.
A: This could constitute a changed circumstance.