Last Updated on March 27, 2021 by Kathy Rukat Smith
New Loan Estimate and Closing Documents Changes
I wanted to share with you some changes coming down the road that will effect your closings. Starting with any loan applications taken August 1, 2015 or after, the documents you receive from your lender and at closing will be different than the documents you have previously seen. After the financial and mortgage meltdown on 2008, Congress established the Consumer Financial Protection Bureau, and the changes in these forms are part of this legislation.
Within 3 days of applying for a loan, you will receive a Loan Estimate. This document will replace the Good Faith Estimate and the first part of the Truth in Lending statement. It will disclosure much of the same information, but some information will be formatted a different way. One of the biggest changes you will see is at the bottom of the first page. You will now know the estimated dollar amount of your closing costs and the estimated dollar amount you will need for closing (including your down payment).
The Closing Document is now the combination of the HUD-1 (settlement statement) and final Truth in Lending statement. The first page of the Closing Document will be largely the same as the first page of the Loan Estimate. Instead of items being given a line number, the form is divided into sections. On the last page of the Closing Document, you will also see the contact information for your Lender, Mortgage Broker (if applicable), both Real Estate Agents involved in the transaction and the Settlement Agent (in South Carolina, this will be the Buyer’s Attorney). This information will be helpful if you have any questions after closing. You will receive the Closing Document 3-6 business days prior to your closing. In some circumstances, any changes to the Closing Document will result in another 3-day review and a delay in closing.
Sample of the Loan Estimate and Closing Document: http://vid.us/n7sd3k
How do these changes most effect you as either a buyer or seller?
- Closings will take longer. The transaction that previously could be closed in 30 days will now take closer to 45 days, and 45 day closings will now be closer to 60 day closings. Plan ahead!!! If you can apply for a loan prior to August 1, 2015, you will save some time. Also, if you have a deadline where you have to move (lease, relocation, etc), start planning about a month sooner than you previously would have.
- The law states that you have to receive the Closing Documents 3 days prior to closing so you have time to review. Even if you completely understand the Closing Document and have no questions, you cannot close for 3 days.
- Walk-throughs on home purchases may happen sooner than the day or two before closing. Sellers can give you a credit because of a walk-through without prompting another 3-day review period.
- Items that would trigger another 3-day review period include items on the lender side (change in interest rate or APR, adding a pre-payment penalty, etc.)
- You will know what amount to bring to closing much sooner than in the past.
- Closing Documents cannot be changed at the closing table like may have happened in the past.
- As a seller, you need to be aware that closings could take longer. Do not be discouraged if closing is delayed by a few days.
- Back-to-back closings are a thing of the past. There are likely too many variables now and back-to-back closings will be very limited.
- A best practice is that all contingencies to the contract will be removed or fulfilled 7 days prior to closing.
- The first 60-90 days of this transition will be the hardest. Lenders, attorneys and real estate agents will be dealing with two sets of rules and regulations.
To help you prepare for the changes, please take a look at a sample Loan Estimate and sample Closing Document along with some of my notes from yesterday’s class. I will be happy to answer any questions about these new documents and the closing process.
To keep you updated on the current interest rate conditions, here is a copy of this week’s rates. You can visit my website, www.MyrtleBeachRealEstatePropertySearch.com, to search for any properties for sale. If you would like to see a list of properties put on the market in the last 48 hours, visit https://myrtlebeachrealestatepropertysearch.com/new-listings-48-hours-old/.