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TRID Facts
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NAMB
The Association of Mortgage Professionals
www.namb.org

     

What transactions does the rule cover? ( 1026.19(e) and (f))

The TILA-RESPA rule applies to most closed-end consumer credit transactions secured by real property. Credit extended to certain trusts for tax or estate planning purposes is not exempt from the TILA-RESPA rule. (Comment 3(a)-10). However, some specific categories of loans are excluded from the rule. Specifically, the TILA-RESPA rule does not apply to HELOCs, reverse mortgages or mortgages secured by a mobile home or by a dwelling that is not attached to real property (i.e., land). ( 1026.19(e) and (f))

Can a creditor use the new Integrated Disclosures for applications received before October 3, 2015?

No. For transactions where the application is received prior to October 3, 2015, creditors will still need to follow the current disclosure requirements under Regulations X and Z, and use the existing forms (Truth-in-Lending disclosures, GFE, HUD-1).  In addition, certain loan types will be required to continue to use the current GFE, TIL and HUD-1 forms.

What is an “application” that triggers an obligation to provide a Loan Estimate? ( 1026.2(a)(3))

An application means the submission of a consumer’s financial information for purposes of obtaining an extension of credit. For transactions subject to 1026.19(e), (f), or (g), an application consists of the submission of the following six pieces of information:

  • The consumer’s name;
  • The consumer’s income;
  • The consumer’s social security number to obtain a credit report;
  • The property address;
  • An estimate of the value of the property; and
  • The mortgage loan amount sought.

 What is considered a “business day” under the requirements for provision of the Loan Estimate? (Comment 19(e)(1)(iii)-1, 1026.2(a)(6))

For purposes of providing the Loan Estimate, a business day is a day on which the creditor’s offices are open to the public for carrying out substantially all of its business functions. (Comment 19(e)(1)(iii)-1, 1026.2(a)(6))

Note that the term business day is defined differently for other purposes; including counting days to ensure the consumer receives the Closing Disclosure on time. (See 1026.2(a)(6), 1026.19(f)(1)(ii)(A) and (f)(1)(iii)). For these other purposes, business day means all calendar days except Sundays and the legal public holidays specified in 5 U.S.C. 6103(a), such as New Year’s Day, the Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. (See 1026.2(a)(6); Comment 2(a)(6)-2; Comment 19(f)(1)(ii)-1)

Are there any restrictions on how many days before consummation a revised Loan Estimate may be provided? ( 1026.19(e)(4))

Yes.

  • The creditor may not provide a revised Loan Estimate on or after the date it provides the Closing Disclosure.
  • The creditor must ensure that the consumer receives the revised Loan Estimate no later than four business days prior to consummation. If the creditor is mailing the revised Loan Estimate and relying upon the 3 business day mailbox rule, the creditor would need to place in the mail the Loan Estimate no later than seven business days before consummation of the transaction to allow 3 business days for receipt. ( 1026.19(e)4 ; Comment 19(e)(4)(i)-2)

What are the general timing and delivery requirements for the Closing Disclosure? ( 1026.19(f))

Generally, the creditor is responsible for ensuring that the consumer receives the Closing Disclosure form no later than three business days before consummation. ( 1026.19(f)(1)(ii)(A); Comment 19(f)(1)(v)-3) (Although see section 11.4 below regarding delivery of the Closing Disclosure by a settlement agent)

The creditor also is responsible for ensuring that the Closing Disclosure meets the content, delivery, and timing requirements discussed in sections 10, 11, and 12 of this guide. ( 1026.19(f) and 1026.38)

 When is the Closing Disclosure considered to be received if it is delivered in person or if it is mailed? ( 1026.19(f)(1)(iii))

If the Closing Disclosure is provided in person, it is considered received by the consumer on the day it is provided. If it is mailed or delivered electronically, the consumer is considered to have received the Closing Disclosure three business days after it is delivered or placed in the mail. ( 1026.19(f)(1)(iii); Comment 19(f)(1)(ii)-2)

However, if the creditor has evidence that the consumer received the Closing Disclosure earlier than three business days after it is mailed or delivered, it may rely on that evidence and consider it to be received on that date. (Comments 19(f)(1)(iii)-1 and -2) (See also discussion above in section 6.4 of this guide on similar receipt rule under 1026.19(e)(1)(iv) and commentary regarding the Loan Estimate.)

Does the three-business-day waiting period apply when corrected Closing Disclosures must be issued to the consumer? ( 1026.19(f)(2)(i) and (ii))

 Yes, in some circumstances.

The three-business-day waiting period requirement applies to a corrected Closing Disclosure that is provided when there are:

  • Changes to the loan’s APR;
  • Changes to the loan product; or
  • The addition of a prepayment penalty.

If other types of changes occur, creditors must ensure that the consumer receives a corrected Closing Disclosure at or before consummation. ( 1026.19(f)(2)(i) and (ii))

 When are creditors required to correct or revise Closing Disclosures? ( 1026.19(f)(2))

 Creditors must redisclose terms or costs on the Closing Disclosure if certain changes occur to the transaction after the Closing Disclosure was first provided that cause the disclosures to become inaccurate.

There are three categories of changes that require a corrected Closing Disclosure containing all changed terms. ( 1026.19(f)(2))

  • Changes that occur before consummation that require a new three-business-day waiting period. ( 1026.19(f)(2)(ii))
  • Changes that occur before consummation and do not require a new three-businessday waiting period. ( 1026.19(f)(2)(i))
  • Changes that occur after consummation. ( 1026.19(f)(2)(iii))

Are creditors required to provide corrected Closing Disclosures if terms or costs change after consummation? ( 1026.19(f)(2)(iii))

Yes, in some circumstances. Creditors must provide a corrected Closing Disclosure if an event in connection with the settlement occurs during the 30-calendar-day period after consummation that causes the Closing Disclosure to become inaccurate and results in a change to an amount paid by the consumer from what was previously disclosed. ( 1026.19(f)(2)(iii); Comment 19(f)(2)(iii)-1)

When a post-consummation event requires a corrected Closing Disclosure, the creditor must deliver or place in the mail a corrected Closing Disclosure not later than 30 calendar days after receiving information sufficient to establish that such an event has occurred. ( 1026.19(f)(2)(iii); Comment 19(f)(2)(iii)-1)


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