New Mortgage Disclosures additional Wait Periods to Mortgage Transactions

MortgagePorterHourGlassHouseEffective on mortgage applications taken October 3, 2015 and later, lenders are required to use two new disclosures created by the CFPB. The Loan Estimate, which replaces the 2010 Good Faith Estimate and the RegZ/Truth in Lending; and the Closing Disclosure, which replaces the HUD-1 Settlement Statement.

The new disclosures, the Loan Estimate and the Closing Disclosure, have “wait periods” that restrict how soon a real estate transaction with a mortgage can close. The Loan Estimate is issued once a lender has received an application (the six points of information that creates an application per the CFPB) within three business days. There is a seven day waiting period that takes place once the Loan Estimate has been delivered before the borrower can sign their final loan documents (also referred to as “consummation”).

[Read more…]

What’s the big deal about Loan Estimates?

iStock-000018668640XSmallEffective for new applications on October 5, 2015 and later, the “Good Faith Estimate” was replaced by CFPB’s “Loan Estimate”. This document is similar to HUD’s 2010 Good Faith Estimate (GFE) as it makes the lender be accountable for the Loan Estimate provided to the consumer. It must be delivered within a certain time period, upon specific circumstances and may only be re-issued upon specific circumstances (aka “a changed circumstance”). Similar to the retired 2010 GFE, the Loan Estimate has varying levels of “tolerance” as to how much certain fees are permitted to change from when the Loan Estimate was issued to closing. The lender may be responsible for fees that exceed the allowed tolerance.

[Read more…]

The Good Faith Estimate will retire today

hud_GFE_TOMBSTONE It is hard to believe that it was just five years ago when HUD created and required the use of their uniform Good Faith Estimate, often referred to as the 2010 GFE. HUD was very proud of this achievement despite obvious flaws with the document, including (and not limited to) no total monthly mortgage payment (PITI), no total funds due for closing and lenders having to disclose costs that the borrower did not have to pay (such as the owners title policy). The 2010 GFE, which was created to help borrowers shop lenders, was also severely flawed because a lender could not issue the GFE with having a “TBD” address for home shoppers. There was no wiggle room for lenders to re-issue the GFE to add an address.

[Read more…]

The new Loan Estimate and Title Insurance Fees

speedbumpIn just a few weeks, the Good Faith Estimate that was created by HUD in 2010 will be replaced by CFPB’s Loan Estimate. The Loan Estimate will also replace the “Reg Z/Truth in Lending” document. When the samples of the “Loan Estimate” where first revealed, I was pretty excited. It appeared to be a significant improvement over the well intended but flawed 2010 Good Faith Estimate, which caused a lot of confusion for consumers. As I’m learning more and more about CFPB’s Loan Estimate, I can see that we are all in for a huge adjustment as we deal with not only implementing new documents and procedures, but also dealing with the flaws to the document and the procedures to the document.

[Read more…]