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HVCC, HERA Disclosure Timeframes Slow Closing Process, Ensure Accuracy

By
Real Estate Agent with Long & Foster | Christie's International Real Estate Licensed in DC, MD, VA

To Discourage Rush Closings, Reduce Last Minute Rescues, and Cut Down Closing Table Changes

Both buyers and sellers need to be aware of the changes brought about by the HVCC (see article below) and the Housing and Economic Recovery Act (HERA), which goes into effect July 30, 2009.  HERA is intended to better inform the consumer, slow down the settlement process, and ensure more accuracy and transparency in the lending terms. 

HERA requires that a lender must provide two initial disclosures to the customer -- the Truth in Lending (TIL) statement and the Good Faith Estimate -- before the lender can collect any fee to process an application for a loan.  The lender can then collect the application fee, but he cannot order an appraisal before the fee is collected.  The customer must receive the disclosures from the lender at least seven business days before closing. 

Further, if the Annual Percentage Rate increases by more than 0.125% from that stated in the initial TIL statement, the customer must receive from the lender at least three business days before closing a Pre-Closing TIL statement, which is the final binding TIL statement.

It is wise to plan for at least a 30-day close. Here are 4 things you can do to help keep the process on track:

  1. Obtain a credit-checked preapproval before you start to shop for a home. (Applying in person, instead of over the phone or Internet, may help expedite the process.)
  2. Upfront and throughout the process, review the timeline and potential impacts with your home mortgage consultant so you can keep your REALTOR or Builder informed.
  3. Review the initial disclosure packet you receive. It contains important details about your loan transaction.  Make sure to pose any questions to your home mortgage consultant.
  4. Review the appraisal delivery disclosure and determine whether or not you wish to waive the 3 business-day prior-to-close review period.

Hill Slowinskimiller-logo-rgb-2607, licensed in DC, MD, and VA

W.C. & A.N. Miller Realtors, A Long & Foster Company

4701 Sangamore Road,  Bethesda, Maryland  20816

Cell: 301-452-1409  Direct: 301-320-8430  Ofc: 301-229-4000

         Email: hslowinski@longandfoster.com or Hill@HillSlowinski.com

Posted by

___________________________________________
F. Hill Slowinski, JD, REALTOR® in DC, MD, and VA
W.C. & A.N. Miller Realtors, A Long & Foster Company
Christie’s International Real Estate
#9 Agent in Washington Metro Region

4701 Sangamore Road, Bethesda, Maryland  20816
Tel: 301-229-4000  Fax: 301-229-4015
Direct: 301-320-8430 · Cell: 301-452-1409
Email:  Hill@LNF.com

HOMES WORTH BUYING ™

 

Comments(3)

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Lewis Poretz
Apex Home Loans - Annapolis, MD
Business Development Manager

NIGHTMARE.....

just wait until a politician whos new home purchase gets held up because the TIL was off by over .125%

isn't that why they called it a Good Faith ESTIMATE ?

Are realtors net sheets always within .125%   even the best realtors? There are so many variables that can alter the APR.... this will be worse than the HVCC guidelines....  be prepared for unhappy clients....

Aug 01, 2009 02:57 AM
Sef Robinson
MC Financial Inc. - Bethesda, MD

Good post Hill! Your explanation of the new laws are dead on.. I think you also make a good point by mentioning how the closing process will take longer for sure!  

Aug 05, 2009 04:07 PM
Sarah Rummage
Benchmark Realty LLC, Nashville TN 615.516.5233 - Nashville, TN
Love Being Realtor® in the Nashville TN Area!

I appreciate this concise explanation. I know the basics, but realized when I tried to explain it, that my knowledge was lacking.

Sarah in Nashville

Aug 14, 2009 05:31 AM