Closing Process Changes: What To Expect
Daily Real Estate News |
Monday, September 28, 2015
New mortgage disclosure rules will
take effect Oct. 3, and lenders and real estate brokerages are quickly
preparing for what has been predicted to be big changes to home
closings.
Mortgage lenders will be required to begin using new consumer
disclosure forms on Oct. 3. The changes will merge the HUD-1 Settlement
Statement, the Good Faith Estimate, and the Truth-in-Lending disclosure
form into two new closing forms: a Loan Estimate and a Closing
Disclosure.
Consumers will have more time to review the total costs of their
mortgage prior to closing. The Loan Estimate form is due to consumers
three days after they apply for a loan, while the Closing Disclosure
form is due three days prior to closing. The Loan Estimate form shows
the loan amount and interest rate, what the borrower’s monthly payment
will be, estimated taxes and insurance, and how much cash is required to
close.
Borrowers
will face delays to closing if there are any last-minute changes with
the financing of their loan. For example, if borrowers decide to change
loan products at the last minute – such as switching from a fixed-rate
mortgage to an adjustable-rate loan – borrowers will face a three-day
delay in the closing to allow for reviews of the new Closing Disclosure
form. Borrowers will not have a choice to waive the three-day review
period.
Some
mortgage experts are recommending that borrowers lock in their mortgage
rates 45 or 60 days, rather than the more common 30-day lock, in case
there is any delay in closing.
At realtor.org, access a free webcast outlining the changes and new "Know Before You Owe" resources from the CFPB.
“There's going to be a little bit of a learning curve in the
beginning,” says Tammy Felenstein, the executive director of sales for
Halstead Property in Stamford, Conn. Consumers should “go with a lending
institution that has prepared for these changes and knows what they’re
doing.”
Consumers may face slightly longer closing times as the industry
adjusts to the new process. The new rules will require lenders, title
companies, real estate professionals and insurance representatives to
all come together sooner in the process to ensure the disclosures do get
out in time.
As such, some real estate professionals say they’re planning to write
contracts with 45-day closings instead of 30. About 56 percent of
REALTORS® say they plan to change their purchase agreements to allow for
a longer timeline for the closing process due to the upcoming changes
from new mortgage disclosures rules,
according to a new survey by the National Association of REALTORS®. Thirty-one percent of real estate professionals surveyed said they would also add contingencies to the contract.
Eighty-two percent of real estate professionals also say they've
taken some training to prepare for the "Know Before You Owe" initiative.
To try to avoid a closing delay from the new rules, 30 percent of
real estate professionals surveyed by NAR say they plan to share
contracts and amendments sooner with lenders, title insurers, and
closing agents. Thirty-three percent plan to perform final or
pre-closing walk-through home inspections earlier, and 37 percent say
they plan to develop a plan with lenders and title agents to ensure a
smooth transition.
The Consumer Financial Protection Bureau has
published a new guide for
real estate agents detailing all the changes with the upcoming "Know
Before You Owe" mortgage initiative. CFPB's toolkit for agents includes
sections on how to have on-time closings, an overview of what has
changed and the new loan documents, and the ability to share resources
with your clients about the new rules.
Also,
view a slideshow at Bankrate.com to see additional examples of the new disclosure forms.
Source: "Tour the Loan Estimate Form for Mortgages," Bankrate.com (September 2015); "New Disclosure Rules for Mortgage," The New York Times (Sept. 25, 2015); and "Agents Plan to Extend Sales Contract for TRID," REALTOR® Magazine Daily News (Sept. 3, 2015)