Tag Archives: TILA-RESPA Integrated Disclosure

What Is A ‘Business Day’ For Real Estate Loan Disclosures?

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“Business day” is defined slightly differently for Loan Estimates and Closing Disclosures.

For Loan Estimates, each day on which a creditor’s offices are open to the public count as a business day. Loan estimates must be delivered or placed in the mail no later than the 3rd business day after receiving your loan application.

For Closing Disclosures, a business day is defined as all calendar days except Sundays and the Federal public holidays The Closing Disclosure must be provided to you at least 3 business days PRIOR to loan consummation.

Do Creditors Have To Approve TRID Loans In 3 Days?

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If your loan is approved, on the terms you requested the creditor is required to provide a Loan Estimate within 3 business days.

If they determine that your application will not or cannot be approved they do not have to provide a Loan Estimate.

Likewise, if you withdraw your loan application within that period they do not have to provide the Loan Estimate.

However, if the creditor does NOT supply the Loan Estimate in the required time approving and issuing the loan later under your original application terms will make them non-compliant with TRID Regulation Z.

Can Creditors Collect Information Beyond The 6 Required Pieces?

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In addition to the required pieces:

  • Name
  • Income
  • Social Security Number
  • Property Address
  • Estimated Property Value
  • Mortgage Amount Sought

A creditor may collect whatever additional information they deem necessary.

However, as soon as you have provided the 6 required pieces, the creditor has 3 business days to provide a Loan Estimate for approved loans.

What 6 Pieces of Information Make A TRID Loan Application?

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Submitting these 6 pieces of information:

  • Name
  • Income
  • Social Security Number
  • Property Address
  • Estimated Value of Property
  • Mortgage Loan Amount sought

constitutes a valid loan application under the TRID rule.

You may apply and submit these in writing OR in oral form; a live conversation, or a phone call, backed by a written record of the conversation is a legitimate application.

Once these 6 pieces of information are submitted a creditor MUST supply a Loan Estimate for approved loans within 3 business days.

What Disclosures Are Used For Loans Not Covered By TRID?

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Creditors must continue to use the Good Faith Estimate, Truth-In-Lending Disclosure and the HUD-1 form for reverse mortgages, HELOCs, mobile home or other non-attached dwelling loans and others NOT covered by TRID.

Housing assistance loans for low- and moderate-income consumers are partially exempt from TRID disclosures, and have specific rules.

Creditors are not required to provide Loan Estimate and Closing Disclosure forms and related booklets and statements for these loans.

What Kinds Of Loans Do TRID Disclosures Cover?

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TRID rules apply to MOST consumer credit transactions secured by real property. These include mortgages, refinancing, construction-only loans closed-end home-equity loans, and loans secured by vacant land or by 25 or more acres.

The rule does NOT apply to Home Equity Line of Credit transactions reverse mortgages mortgages secured by a mobile home or other dwelling that is not attached to real property.

Also, TRID rules do NOT apply to loans made by a person or business that makes 5 or fewer mortgages in a calendar year.

What Do Lenders Have To Tell You About Your Real Estate Loan?

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Federal “disclosure” forms define the information that creditor businesses MUST provide to consumers applying for real estate loans.

As of Oct 1, 2015 lenders must provide TWO New “TRID” disclosure forms. for the most common kinds of real estate loans First, the Loan Estimate, which covers the key features, costs and risks of a mortgage loan.

For an approved loan this must be returned to the consumer within 3 business days of loan application. If the loan goes forward, the Closing Disclosure form, covering key transaction costs, must be delivered at least 3 business days before loan consummation.


One More Reason to Attend!

Florida Agency Network is giving you one more reason to attend  the 2015 Florida Realtors® Convention and Trade Expo! There are 36 reasons to attend.

Get SOCIAL with FAN at booth 625. Enter to win an Apple Watch
Get SOCIAL with FAN at booth 625. Enter to win an Apple Watch

The number one reason  is to get up to date on everything TRID before the new disclosures go into effect October 3. Stop by booth 625 – Get social with all of the agencies in the FAN network and enter to win an Apple Watch!

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Consumer Financial Protection Bureau Finalizes Two-Month Extension of Know Before You Owe Effective Date

Washington, D.C. – The Consumer Financial Protection Bureau (CFPB) today issued a final rule moving the effective date of the Know Before You Owe mortgage disclosure rule, also called the TILA-RESPA Integrated Disclosures rule, to October 3, 2015. The rule requires easier-to-use mortgage disclosure forms that clearly lay out the terms of a mortgage for a homebuyer. The Bureau issued the change to correct an administrative error that would have delayed the effective date of the rule by at least two weeks, until August 15, at the earliest.

The Bureau is finalizing Saturday, October 3 as the effective date. The Bureau believes that moving the effective date may benefit both industry and consumers with a smoother transition to the new rule. The Bureau further believes that scheduling the effective date on a Saturday may facilitate implementation by giving industry time over the weekend to launch new systems configurations and to test systems.  A Saturday launch is also consistent with industry plans tied to the original effective date of Saturday, August 1.

The final rule issued today also includes technical corrections to two provisions of the Know Before You Owe mortgage disclosure rule.

A copy of the final rule is available here: http://files.consumerfinance.gov/f/201507_cfpb_2013-integrated-mortgage-disclosures-rule-under-the-real-estate-settlement-procedures-act-regulation-x-and-the-truth-in-lending-act-regulation-z-and-amendments-delay-of-effective-date.pdf

Source: www.consumerfinance.gov


General Requirements for the Loan Estimate Disclosure Post TRID

Stay on top of your game by familiarizing yourself with the general requirements that are going change in regards to the Good-Faith Estimate when the new TILA-RESPA Integrated Disclosure (TRID) rule goes into effect.

First of all, it is no longer going to be called a Good-Faith Estimate but will then be identified as a Loan Estimate.

Guess what?!?!

The jargon isn’t the only thing that is changing! The new disclosure carries with it some timing deadlines as well as a new look and lay out to the forms used instead of the familiar GFE.

The creditor, formally known as the lender, is required to provide all consumers of closed-end transactions secured by real property with a good-faith estimate of credit costs and transaction terms.

Mortgage brokers or creditors may provide the Loan Estimate to the consumer when the mortgage broker receives the consumer’s completed application and must be provided no later than 3 business days after the completed application has been turned in.

This new TILA-RESPA form integrates and replaces the current RESPA GFE and the initial TIL for these transaction types. Creditors must issue a revised Loan Estimate only in situations where changed circumstances resulted in increased charges.

These general requirement changes are meant to help better inform, protect and serve the consumer. The Florida Agency Network is ready to guide the industry through these changes and looks forward to partnering with you to streamline the process.

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Max Jackson

Max@FLagency.net.