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Will This Loan Ever Close???

By
Real Estate Broker/Owner with Linda Lipscomb RE/MAX Lexington Henderson County TN 262480

Congress continues to change the way mortgages are done.  Effective July 30, 2009, there are several changes that will take place per the HERA/MDIA laws recently passed.

The new laws require the borrower to receive the initial disclosures and have 3 days to review BEFORE we can collect any type of fees. (Including appraisal fees). 

Because of the new HVCC (Home Valuation Code of Conduct) - the borrowers now have to charge to a credit card or debit card the appraisal fee.  Basically, what the new change means is that we cannot order an appraisal until 3 working days after the initial disclosures have been signed here at our office. 

Further, the borrowers will receive "initial disclosures" from the mortgage company when the file is actually submitted.  The new law stipulates that a purchase transaction (where financing is concerned) cannot close until 7 business days after the initial disclosures are sent from the mortgage company.  Not the disclosures we give them here, but the ones they receive in the mail from the mortgage company.

If for any reason, the fees or loan amounts need to be changed, a "re-disclosure" has to be sent by the mortgage company.  That will further delay a closing because if fees change, and a re-disclosure is required, the law stipulates the closing cannot occur until six business days after the mortgage company sends the new disclosures to the borrower.

Traditionally, a closing date is established by the borrower and seller when the sales contract is finalized.  While the practice of establishing a closing date at contract signing will continue, please be aware of the MDIA guidelines and the restriction they impose about the time frame of when a transaction can actually close.

We all will survive this market and the sweeping changes that continue to bombard us.  But be prepared to hear,"Will This Loan Ever Close"?

RE/MAX Unlimited   870 W. Church St.  731-249-5376  http://unlimited.tennessee.remax.net

Linda Lipscomb  731-695-1118  http://LindaLipscomb.com

 

Wanda Thomas
Montana Homestead Brokers, Broker, CRS, GRI, SFR, RN - Billings, MT
Billings Montana Real Estate

Hi Linda,  Really, the mortgage disclosures come in the mail?  Will email with a receipt work?  I worry about putting "extra days" for third part lender issues on contracts.  In the past, lenders almost always looked at how many extra days they had and didn't get processing done until the last minute.  In the mean time, people are planning vacation days to move, start jobs and get kids into schools.  Oh my!

Jul 22, 2009 07:24 AM
Linda Lipscomb
Linda Lipscomb RE/MAX Lexington Henderson County TN - Lexington, TN
731-695-1118, Lexington TN Homes

Wanda,

Thanks for your comment.  With all the changes thrufar, we have changed the traditional close time from 30 days to 45 days.  We are now headed to 60 days.

Jul 22, 2009 11:39 AM
Kathy Fisher Sells Lexington TN homes! 731.845.3413
Five Star Real Estate Services - Lexington, TN

This is so unfortunate for all the parties involved! 

Jul 26, 2009 04:56 AM
Lori Cain
Own Tulsa - Tulsa, OK
Midtown Tulsa Real Estate Top Producer

Our Lender advised us to move closing dates out from 30 to 45 -- but 60 days -- please say it ain't so!

Jul 28, 2009 06:44 AM