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#1976096 - 11/13/14 04:53 PM GFE Important Date #1 - Closing or Funding
Mrs. Rizzo Offline
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Mrs. Rizzo
Joined: Mar 2006
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Curled up by the fire...
Rate locks offered by institution...Do you have important date #1 go through the rate lock expiration, closing date, or funding date?
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RESPA
#1976111 - 11/13/14 05:06 PM Re: GFE Important Date #1 - Closing or Funding Mrs. Rizzo
Dan Persfull Offline
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Dan Persfull
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Bloomington, IN
Important Date #1 should disclose the date that the rate is good through. If the rate lock is only good until the expiration of the rate lock agreement then that is the date used. If the rate is good through the day of closing then that is the date used.
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#1976266 - 11/13/14 09:14 PM Re: GFE Important Date #1 - Closing or Funding Mrs. Rizzo
Mrs. Rizzo Offline
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Mrs. Rizzo
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Curled up by the fire...
Have you seen any issues with the important date not covering the rescission period?
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#1976298 - 11/13/14 10:07 PM Re: GFE Important Date #1 - Closing or Funding Mrs. Rizzo
Dan Persfull Offline
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Dan Persfull
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Bloomington, IN
How can the rate change during the rescission period?

If you adjust the rate after the loan closes then you have a variable rate loan and would have to disclose it as such.
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#1976328 - 11/14/14 02:55 AM Re: GFE Important Date #1 - Closing or Funding Mrs. Rizzo
Truffle Royale Offline

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I don't think that's what Mrs. Rizzo meant, Dan.
I think she meant that the rate was locked to the closing date but expired on say, day two of the recission period.

The only way I can see this being a problem is if the rate was locked on secondary. At the very least, the bank would have to get an extension on the rate with the investor and absorb any cost associated with it.

If we have a loan that is closing that close to expiration and it's the borrower's fault it won't close in time, prior to closing we extend the rate long enough to get it delivered and redisclose to add the cost to the GFE.

Is this what you meant, Mrs. Rizzo?

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#1976434 - 11/14/14 04:17 PM Re: GFE Important Date #1 - Closing or Funding Mrs. Rizzo
RR Joker Offline
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The Swamp
Once you close, your done...no need for the date to include the recission period.
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#1976436 - 11/14/14 04:22 PM Re: GFE Important Date #1 - Closing or Funding Mrs. Rizzo
Truffle Royale Offline

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^^^I presume she's talking in-house rate lock.

I was talking locking with an investor.

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#1976437 - 11/14/14 04:23 PM Re: GFE Important Date #1 - Closing or Funding Mrs. Rizzo
Mrs. Rizzo Offline
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Mrs. Rizzo
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Curled up by the fire...
Yes, Truff! That is it.

Right now, when we lock with our investor, it's good through the estimated funding delivery date to the investor. However, the consumer locks with us and we've only put #1 through our closing date, but I feel that we should have our lock with the consumer through the funding date. Especially when it comes to rescission or the lock expiring over the weekend or a holiday.
Last edited by Mrs. Rizzo; 11/14/14 04:29 PM.
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#1976508 - 11/14/14 06:09 PM Re: GFE Important Date #1 - Closing or Funding Mrs. Rizzo
#Just Jay Offline
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#Just Jay
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Cheeseheadland
We date line one when they need to close by with us, to ensure we have time to get it to the investor for funding prior to the end of the lock period. For example I have a 60 day lock, I put the date 50 days out.

My lock timing with my investor and my lock timing with my borrower are two separate events.
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#1976525 - 11/14/14 06:52 PM Re: GFE Important Date #1 - Closing or Funding Mrs. Rizzo
Truffle Royale Offline

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^^^ditto
That's how we make sure we have time enough to solve problems and deliver too.

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#1976576 - 11/14/14 08:42 PM Re: GFE Important Date #1 - Closing or Funding Mrs. Rizzo
Mrs. Rizzo Offline
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Mrs. Rizzo
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Curled up by the fire...
You guys rock! Thank you so very much!
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#1976784 - 11/17/14 04:58 PM Re: GFE Important Date #1 - Closing or Funding Mrs. Rizzo
Dan Persfull Offline
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Dan Persfull
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Bloomington, IN
My lock timing with my investor and my lock timing with my borrower are two separate events.

EXACTLY! Date #1 should disclose the timing requirement between the lender and the borrower, not the lender and the investor.
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The opinions expressed are mine and they are not to be taken as legal advice.

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