Tuesday, April 28, 2015

Purchasing a home - changes coming August 1, 2015 with loan disclosures

The Good Faith Estimate and the HUD-1 settlement statement will go away on most closed-end consumer purpose loans secured by residential real estate. These documents will be replaced by the “Loan Estimate” and the “Closing Disclosure.” These new documents are referred to as the TILA-RESPA Integrated Disclosures (TRID for short). The purpose of these changes is to improve the mortgage loan settlement process for consumers. They are being implemented by regulations issued by the Consumer Financial Protection Bureau (CFPB), a federal government agency set up to look out for the interests of consumers seeking financial services. WHY? The reason for the change is two-fold: 1) to provide the consumer with simpler forms to explain the loan transaction and 2) deliver the forms in a manner that gives the consumer time to review that will lessen last minute “surprises” during the settlement (consummation). How will this affect my settlement? For purchasers, it will be important that you work closely with your lender regarding approval of the loan and coordination of final walk-through with the realtor. Some contracts may increase from a 30 day requirement to settle to a 45 day requirement to settle which means move-outs, subsequent settlements and other relocation tasks may need to be adjusted to ensure a seamless transition into your new home. For consumers refinancing, you will need to ensure any loan changes such as adjusting the loan amount or changing loan products is discussed in advance with the lender to avoid re-disclosure of the Closing Disclosure once issued.