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New Truth In Lending Guideline Changes Will Have A Major Impact On Closings #2

By
Mortgage and Lending with George Souto NMLS #65149 FHA, CHFA, VA Mortgages NMLS #65149

Yesterday I wrote the first of two blogs introducing the New Truth In Lending (TIL) Guideline changes.  In this second blog I will go into more detail as to why I feel that these changes will create significant delays in the Loan Closing Process.

First let me recap the four major changes that will go into affect at the end of the month:

  1. As of July 31 ALL Loan transactions will require that the initial Truth In Lending (TIL) statement be issued within 3 days of the Loan Application, and no Loan Transaction will be allowed to Close before the 7th Business Day after the Borrower has been sent or given the initial TIL. Business Days are defined as all calendar days except Sunday and the Federal Public Holidays
  2. The new Guidelines will also require that there be an additional 3 day waiting period for a loan to Close, if there is any changes in Fees after the initial TIL is issued, that will cause the APR to change by .125% up or down.
  3. The new guidelines will affect how Lenders will be allow to collect fees, and when they can collected them. This to will be affected by when the initial TIL is issued and received by the Borrower.
  4. Early disclosures and subsequent disclosures must contain a clear notice stating "You are not required to complete this agreement merely because you have received these disclosures or signed a loan application."

Changes 1, 3, & 4 four are will most likely only create minor problems in my opinion, but will eliminate the possibility of Closing a loan in fewer than 7 Business Days.  You might say that this is no big deal, but just this past week I had to take a loan and Close it within 7 Business Days (I plan on blogging about this).  With these new changes I would not have been able to meet that time period.  I don't have a lot of situations like this in the course of a year, and would wear out my welcome with my Underwriter if I did, but I would say I have 5-10 loans during the year that I have to rush through like this.

Not being able to order an appraisal (I can not order an appraisal until I have collected the fees for it) until I have a signed TIL will create initial delays, and also on loans that don't necessarily have to be rushed, but do need to be Closed quickly.

Now the one that I think is going to create big headaches, number #2, which "require that there be an additional 3 day waiting period for a loan to Close, if there is any changes in Fees after the initial TIL is issued, that will cause the APR to change by .125% up or down."

On the surface this may not seem like a big deal, that is until you stop and really think about it.  All Closings require a final TIL, because the first one was based on that charges that were listed on the Good Faith Estimate.  The Good Faith Estimate by virtue of its name is an ESTIMATE, and thus will change as exact figure become known.  Not all the charges on the Good Faith Estimate affect the APR, but those that do can some times change significantly if there are changes to the Loan Program, Closing Dates, Payoffs, or other fees.

The Charges that are listed on the Good Faith Estimate that affect the APR are:

  • Points – both Origination & Discount
  • Per Diem Interest
  • Mortgage Insurance
  • Attorney fees (does not include title insurance)
  • Courier Fees
  • Closing, Underwriting, Processing Fees
  • Changing the loan amount
  • Changing the loan program
  • Changing Rate and/or Points:
  • Extension fees (up to .500 points charge)
  • request to waive escrow (.250 points charge)
  • Float to Rate Lock
  • Changing the closing date
  • Seller paid closing costs increasing or decreasing

Now that you have had a chance to look at this list, just stop and think how many times there are changes to these fees between the time the loan goes into process, and the day it Closes.

If a new TIL has to be signed 3 Business Days prior to the Closing, this means that the HUD-1 will have to be cut 3 Days prior to the Closing.  If there are any last minute changes involving the fees that I have listed above, and they produce a .125% change in the APR up or down, new 3 Day Period will begin once again.

I am going to give a couple of example of how this could easily be a problem.  I took loan for a Borrower purchasing a 2 Family House last year. and I estimated the Homeowners Insurance would be $1,200 per year.  The Borrower waited until the Day before the Closing to get us an Insurance Binder, and the premium was $2,300.  If an incident like that was to happen after July 31th. the loan will most like not Close for another 3 Days.

The rushed loan that I closed on this week, the Borrower wanted to use his own Attorney for personal representation.  If an Attorney on our list puts all the loan documents together, does the HUD-1, and also does the personal representation the fee is $750.  If the Borrower chooses a different Attorney to do the personal representation, an Attorney on our list will put together the Loan Documents, do the HUD-1, and get paid $500. The personal representation Attorney will do the Title Search, and take out the Title Policy.  On this rush loan the personal representation Attorney charged the Borrower almost $900.  There were other minor changes that along with the increased Attorney Fees would have kicked us over the .125% change in the APR, and guess what the loan would not have Close for another 3 Days.

Some times Closing are delayed for reasons out of our control, and Rate locks expire, which might mean a higher interest rate, or a fee for a Rate Lock extension, which might create a .125% change in the APR.

This blog is already longer than I intended it to be, and I have not even hit upon the additional problems that could accrue if the TIL is not signed in person and has to be mailed.  If this happens there will be an additional 3 Days added to the initial 3 Day time period.

I understand the need for transparency, and to eliminate last minute surprises, but these changes are not in my opinion the answer, and they will create more problems than they will solve.

There can be an exception to these rules.  A "Waiver of Waiting Period" can be requested which will allow the borrower to shorten or waive both the 7 day or 3 day if there is a bona fide personal FINANCIAL emergency.  However, what will constitute a personal FINANCIAL emergency will have significant constraints, and be limited to things like foreclosures and alike.

Like anything new the true impact of these new guideline changes will probably not be known or felt until they  are in affect for a month or so.  But I am sure we are going to be reading several blogs in the near future about the Closings that have be derailed because of these changes.

 

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Info about the author:

George Souto is a Loan Officer who can assist you with all your FHA, CHFA, and Conventional mortgage needs in Connecticut. George resides in Middlesex County which includes Middletown, Middlefield, Durham, Cromwell, Portland, Higganum, Haddam, East Haddam, Chester, Deep River, and Essex. George can be contacted at (860) 573-1308 or gsouto@mccuemortgage.com

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George Souto
NMLS# 65149

C (860) 573-1308
CALL 7 Days/Wk
Fax (860) 760-6891

Email Me
About Me
My Blog

I am a Mortgage Loan Officer who can assist you with all your mortgage & refinancing needs in
CT, and RI

I can assist you with your Conventional,
FHA, CHFA, VA, USDA, & 203K loan programs.

I reside in Middlesex County which includes Middletown, Middlefield, Durham, Cromwell, Portland, Haddam. E. Haddam, Higganum, Chester, Essex, Deep River.

 

Comments(12)

Chip Jefferson
Gibbs Realty and Auction Company - Columbia, SC

Like we need more reasons to delay a closing than we have from trying to pry the money out of the lenders wallets now.

Jul 18, 2009 09:51 AM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

Thanks for sharing this news with us today. Now, we will write the closing date 90 days from offering to close on time. Welcome to Change America

Jul 18, 2009 10:56 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Laura, this is bound to cause more delays no matter how you look at it, and that is something that we don't need.

Harry, "Change America" I like that term ..... LOL

Jul 18, 2009 12:00 PM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

"Change America? where are we going to find a "Pampers" big enough to hold the mess?

Bill

Jul 18, 2009 02:52 PM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Bill ...... LOL

Leave it up to you to come up with that ....... LOL

Jul 18, 2009 03:12 PM
Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

George, the fog in my brain is lifting.

First concern, and yes, I think I zero in on the small stuff... "...I have not even hit upon the additional problems that could accrue if the TIL is not signed in person and has be mailed. If this happens there will be an additional 3 Days added to the initial 3 Day time period."

Probably a silly question, are you allowed to have the signed TIL be scanned and emailed to you, as in the lender?

Most of my clients have depended on me to give suggestions on lenders, and for the past few months I have been so careful with dates, even to the point of contacting the loan officer prior to putting in the offer and going over dates with them. Sometimes that is not possible, so now I will certainly make sure right up front I go over time frames with loan officers.

Next, I think it is imperative that all of us explain how any change that comes from the buyer, that is in their direct control, could cause delays and headaches. How many times what the buyer tells me is not what happens.

I need the biggest cheat sheet in the world....

Jul 19, 2009 12:23 AM
Bill Gassett
RE/MAX Executive Realty - Hopkinton, MA
Metrowest Massachusetts Real Estate

George awesome job explaining all the rule changes. It is funny because this week Wells Fargo came into the office to do a little run down of the changes. I was already well informed because of your blog and others at AR.

Jul 19, 2009 04:18 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Andrea the answer to you question is YES if the Borrower either sends back a return receipt, or confirms in a separate e-mail that they received the TIL that same day, then you do not have to add an additional 3 days. The key is that they received it and acknowledged that they received it.

Bill then you probably could have explained it to them.

Jul 19, 2009 09:30 AM
Frances C. Rokicki
Fran Rokicki Realty, LLC - Bolton, CT
Broker-Mentor,CRS

George,

Jeepers!   So, the changes that our federal government is continuing to make is helping the economy, how?  This is making people's liives better?  Funny, I just don't see it.  The rate can go up or down, at the last minute?  I can't wait to see how buyers handle that!  Rate going up?  Sellers should be writing tons of letters, as should Buyers, Realtors and Mortgage Officers, to the US Congress and the President. 

Just a quick reminder, we have the chance to elect a new US Congress next year!  Vote all new people in and walk away from the ones who have been there too long!  That's the Change that we need to make happen.

Jul 19, 2009 10:28 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Frances the APR can change, but if people lock the rate at time of application that will stay the same unless the rate lock expires.  The problem is that the APR is made up of the rate that they lock in at pulls the costs of the loan.  The costs can change as we very well know, and that is what will create the delays in the Closings.

Jul 19, 2009 12:30 PM
Esko Kiuru
Bethesda, MD

George,

You make some serious points here and they'll definitely come into play on a bunch of loans. Perhaps the APR change threshold can be widened one of these days.

Jul 20, 2009 12:17 PM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Esko, there will probably have to be a lot of screeming, and kicking before they do.

Jul 20, 2009 01:09 PM