THANK YOU FOR YOUR PATIENCE
“Patience is power. Patience is not an absence of action; rather it is “timing”
it waits on the right time to act, for the right principles and in the right way.”
― Fulton J. Sheen
Come October 1, there are major changes coming to mortgage disclosures that I would like to share with you. Buyers, sellers, loan officers, title companies and real estate agents will all be affected.
No longer will there be a HUD-1 Settlement Statement or a Good Faith Estimate from a buyer’s lender. Both forms are going “bye-bye,” as is the Truth in Lending Act (TILA) disclosure form. Replacing them are two new forms: the Closing Disclosure and the Loan Estimate.
Why does this affect anyone aside from those on the real estate, lender, title side? Because there are also new rules for the closing procedure, where the buyers and sellers tolerance come into play, as closing delays are almost unavoidable for the first few months.
One rule requires all forms to be ready three (business) days prior to closing. The National Association of Realtors recommends all closing documents are actually ready an entire week prior to closing, or “consummation” as is the new verbiage (yes, chuckling is OK). So if everything is ready seven days prior to consummation, when you go into the three-day period, there are likely no changes to make. Because making changes as the countdown ensues comes with a cumbersome set of hurdles.
Everyone involved in the transaction is under pressure to get everything squared away earlier than in the past. Currently, the settlement statement can be completed and approved just hours before closing. Gone are those days. And as aforementioned, the buyers and sellers have to be cooperative, because if last-minute changes are made, a new three-day waiting period kicks in. Are there exceptions you ask? Yes! Bona fide financial emergencies such as the imminent sale of the consumer’s home at foreclosure. Any financial emergency must be accompanied by a written statement and will be very fact intensive.
The good news is, this doesn’t affect cash buyers, and many Realtors, Lenders, and Title Companies are taking the time and courses to get familiar with this new system and forms so we are ready! Communication will be KEY. But patience, grasshopper, good things come to those who wait.