New Disclosure Rules for Mortgages
SEPT. 25, 2015
CreditThe New
York Times
By LISA PREVOST
Home loan offers should be easier to decipher
come Oct. 3, when mortgage lenders must begin using new consumer disclosure
forms that explicitly break down the costs and terms associated with a loan.
Instead of receiving four different
disclosures in various formats, as currently required under the Truth in
Lending and Real Estate Settlement Procedures Acts, borrowers will receive just
two. Intended to make the loan process more transparent, the new forms, created
by theConsumer
Financial Protection Bureau, look similar and are much easier to
understand.
They are just one aspect of regulatory
changes dictating how the real estate and lending industries must handle
disclosures. Lenders have been gearing up for the rule change for more than a
year. For borrowers, the shift will be much simpler.
According to the new
rules, disclosures must be delivered on a timely schedule. The initial Loan Estimate must be provided to
borrowers no later than the third business day after they submit a loan
application.
Its first page shows the loan amount
and interest rate, what the borrower’s monthly payment would be, estimated
taxes and insurance, and how much cash is required to close.
The Closing Disclosure, outlining the final
transaction, must be provided to borrowers at least three business days before
the closing date. This is a major change, as borrowers typically don’t see the
closing documents until they are ready to sign.
In remarks to the National Association
of Realtors earlier this month, Richard Cordray, the director
of the Consumer Financial Protection Bureau, said the
three-day window was intended to give borrowers time to compare the Closing
Disclosure with the Loan Estimate and ensure the terms are the same.
“Our form makes that comparison very
obvious, which minimizes the potential for nasty surprises such as
bait-and-switch increases in rates, fees or settlement costs,” Mr. Cordray
said.
Borrowers should be
aware that under the new rules, if they decide to change loan products at the
last minute — for example, switch from a fixed to an adjustable-rate loan — the
closing date must be extended by an additional three days to allow for review
of a new Closing Disclosure. Borrowers may not waive that three-day window.
To avoid such a delay,
borrowers should make an informed decision early on about which product is
going to work best for them, said Diane Evans, the president of the American Land
Title Association, which represents the title insurance industry.
Borrowers might also ask their real
estate agents or lawyers for advice on which lenders are best equipped to
handle the regulatory shift, said Tammy Felenstein, the executive director of
sales for Halstead Property in Stamford, Conn. “There’s going to be a little
bit of a learning curve in the beginning,” she said. “Go with a lending
institution that has prepared for these changes and knows what they’re doing.”
Consumers should be
prepared for longer closing times as the industry adjusts to the new process.
Under the rules, lenders, title companies, real estate agents and insurance representatives
will have to come together much sooner in the process to get disclosures out in
time. This could lengthen closing times over the next few months as they all
adapt, Ms. Evans said.
Borrowers can help
things along by getting their documents in quickly and scheduling inspections
early on.
Some real estate agents are planning to
write contracts with 45-day closings, instead of 30, Ms. Evans said, adding,
“if you’re prepared for a little more time and it takes less, everybody leaves
a little happier.”