Thanks to now-retired U.S. Senators Chris Dodd and Barney Frank, aggravating changes will take effect on October 3rd, 2015 which will make home buying more difficult for those who are obtaining a home loan to make their purchase. Ten things consumers should know:
1. A new closing statement form called the Closing Disclosure or CD will be used for most loan applications taken for new mortgages, effective on October 3, 2015. This replaces the HUD-1 that is in place today. And now, the lender, not the closing agent, may be preparing and delivering the CD.
2. The CD must be delivered to the buyer/consumer at least three business days prior to the scheduled closing date.
3. Closing agent must get information to the lender approximately 10 to 14 days prior to the closing date for completion of CD to meet the delivery requirement. The closing agent must know about ALL buyer paid charges 10 to 14 days prior to the closing date.
4. The closing agent will need the real estate company’s state license number and the individual real estate license number for the new CD.
5. The CD sent to the buyer/consumer won’t include the “seller’s side” of the transaction. The closing agent (not the lender) is responsible for completing and delivering the seller’s side of the CD. The closing agent may decide to prepare a separate CD for the seller.
6. Although responsible for its accuracy, the agent/broker may or may not receive an advance copy of the CD before it’s delivered to the buyer/consumer. The lender will likely send the CD to the closing agent when it’s sent to the buyer/consumer. The settlement agent will not automatically be permitted to send a copy to real estate agents. The agent/broker may have to obtain a copy from the buyer or seller.
7. Changes to the CD after delivery to the buyer/consumer MAY trigger a new three-day waiting period if changes cause the Annual Percentage Rate to be inaccurate, the buyer changes loan product or a prepayment penalty is added. Changes and adjustments affecting the value of the property (as determined by the lender) may trigger additional disclosure and review periods under the Equal Credit Opportunity Act (ECOA) controlling the delivery of the appraisals. Buyers should consider two pre-closing inspections (walk-throughs) in addition to a home inspection.
8. The CD refers to Owner’s Title Insurance as “optional” in some circumstances. Lenders will require a mortgagee policy, but the addition of a simultaneous owner’s policy to protect the buyer’s equity may be optional. Without owner’s insurance, only the lender’s interests are insured. Buyers should obtain appropriate professional advice before before declining this coverage.
9. The new TRID rules may affect the actual contract terms between buyers and sellers. As an example, a closing date to occur within 30 days may no longer be a realistic expectation if a mortgage is involved. The consensus is that an additional 15 days should be added to any otherwise realistic projected closing date.
10. And remember … If a closing date is breached, a seller in a strong seller’s market may very well decide to put a property back on the market rather than sign an extension to further protract the closing. Buyers must understand the urgency in responding to lender requests for information and documentation. Buyers must have past three year’s tax returns, current pay stubs, brokerage and bank account information available at the onset.