Hello. Today I wanted to talk about some guideline changes called TRID. Which stands for, TILA RESPA Integrated Disclosures. The feds have mandated these changes and they’ve really slowed down the loan transaction. So mortgage consumers have to be careful about the deadlines that they write into a sales contract.
Deadlines in a sales contract
When you’re making an offer to a seller, there’s three things that you’re going to target for dates in the contract. One is, the appraisal contingency release date. The second one is the financing contingency release date. And the third one is the closing date. So it used to be before the TRID changes that took place October, 2015 that I would try and get people to write offers using the following dates: 14, 21, and 30. Meaning, 14 days to release the appraisal contingency, then seven more or 21 total to release the financing contingency, and then thirty days to close.
See my previous, recent TRID blog here.
New guidelines
Well now TRID has mandated a couple of things. One, the lender has got to get the final numbers to the consumer three full days prior to settlement. The closing disclosure is the form formerly called the HUD1 Settlement Statement. Now it’s called the Closing Disclosure, the CD. We have to get the CD out three days prior to closing. That’s something that honestly used to happen the day before closing. Or the morning of closing. To have a closing happen in 30 days, which is blazing fast, we’ve really needed almost all of that 30 days. Well now, to ask us to do that three days prior to closing, that tacks time onto the transaction. Also, we’re not allowed to order the appraisal until the consumer has been disclosed to as evidenced by receipt of their signed disclosures.
Parts of the loan process affected
So day one is loan application. We’ll probably get the loan disclosures out to the consumer day two. They may need a day or so to review the disclosures and return them, that’s day three. Then we order the appraisal. So now, we’re taking to day three to order the appraisal. Which is something I used to be able to do on day one. And we need to get the closing disclosure to the consumer three days prior to the settlement date. That’s a bunch of extra time. We really need more time now.
Realtors and lenders often at odds
Now…there’s a conflict between realtors and lenders. The realtors still want do things in 30 days. It’s possible, but the faster that you offer a seller to go to settlement, the more pressure that you’re putting on yourself and the transaction. The mortgage borrowers are tightly integrated with the process. So you’ve got to do the loan application quickly. And you have to sign the disclosures quickly. Then you’ve got to get in all of your supporting documents quickly.
You’ve got to respond quickly to every single request that the lender makes.
I mean, same day, drop everything. Get it done. And a lot of times people just don’t have that time. Which is understandable. We have jobs and lives and family and commitment and travel. So just be really careful. Talk to your lender before you write any of these dates into a contract and commit yourself. There will be quite an uproar if you miss these dates. These are contractual obligations that you must make and a lot of consideration has to be taken into account. What’s your own schedule? What’s the lenders timelines like? And what can everybody together ensure that they can deliver on in the contract? Make sure you talk to all parties involved, and get it right. Thanks.
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Brian Martucci is a loan officer for Capital Bank Home Loans, a division of Capital Bank, N.A. He has been in the mortgage industry since 1986 and has served in a number of roles, including loan processor, loan officer, mortgage broker, branch manager, and vice president. Brian Martucci – NMLS# 185421. His opinions do not necessarily reflect the opinions and beliefs of Capital Bank Home Loans or Capital Bank. Capital Bank, N.A.- NMLS# 401599. Click here for the Capital Bank, N.A. “Privacy Policy”.
