New Truth In Lending Rules for Mortgages may result in 3 day delay to closing
July 28, 2009
Here are the new rules for TIL (truth in lending) forms for all mortgages applied for after July 30th, 2009.
• The “early” TIL disclosures must be delivered or placed in the mail not later than 3 business days after the creditor receives the consumer's written application, and at least 7 business days before consummation of the transaction. This is a new “waiting period.”
“business days” do not include Saturday or Sunday. Similar to attorney review.
• If the annual percentage rate (“APR”) on the disclosure becomes inaccurate, by increasing or decreasing changes by more than 1/8 (.125%), the creditor must now make corrected disclosures to the consumer with a revised APR. The consumer must receive the corrected disclosures no later than 3 business days before consummation.
What does this mean?
If any of the fees change on the final settlement statement to a great extent compared to the GFE (good faith estimate) that was signed by the borrower at time of application (increase OR decrease in fees), a new TIL(truth in lending) disclosure will have to be generated and you have to wait 3 more days before you can close.
So a lender can’t have a higher or lower rate by more than .125% at closing AND the lender fees can’t go up or down by more than a couple of hundred bucks or you will have to wait another 3 days. Lender credits of any significant amount will cause a 3-day delay, even if it benefits the buyer.
for more highlights on this new rule