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#2045095 - 10/20/15 02:03 PM Low appraisal amount/new loan amount
newyork Offline
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Joined: Aug 2008
Posts: 452
If the appraisal value came in lower than expected, under TRID, can we re-disclose the new loan amount? Borrower has received the first set of TRID disclosures and has signed the intent to proceed and have already collected for the appraisal fee, which came in lower than expected.

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TRID - TILA/RESPA Integrated Disclosures Rule
#2045101 - 10/20/15 02:11 PM Re: Low appraisal amount/new loan amount newyork
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
A changed loan amount would be a qualified changed circumstance allowing a revision. However if you do issue a revision you cannot reset your tolerance baselines until they exceed the applicable tolerance threshold.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#2052028 - 12/02/15 04:46 PM Re: Low appraisal amount/new loan amount newyork
dwedding Offline
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Joined: Apr 2003
Posts: 122
In a situation where the loan amount is changed based on the customer's request and the tolerance thresholds have not been exceeded and the APR is not affected, would a revised disclosure be required?

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#2052037 - 12/02/15 05:07 PM Re: Low appraisal amount/new loan amount newyork
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
No.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2052048 - 12/02/15 05:28 PM Re: Low appraisal amount/new loan amount newyork
dwedding Offline
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Joined: Apr 2003
Posts: 122
Thanks Dan, that's what I thought just wanted to make sure I was on the right path.

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#2052053 - 12/02/15 05:47 PM Re: Low appraisal amount/new loan amount newyork
lol247 Offline
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Joined: Oct 2005
Posts: 7
If the only change is the reduced loan amount would there be any reason we would be required to re-disclose? Of course their payment would change, but not the term or rate or fees. Also, would we ever need a new intent to proceed due to any changed circumstances?

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#2052058 - 12/02/15 06:02 PM Re: Low appraisal amount/new loan amount newyork
Truffle Royale Offline

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Joined: Jul 2003
Posts: 17,400
There might be a reason to redisclose if the loan amount went down enough to affect other fees that are based on the loan amount and you want to capture those.

And no, you don't need another intent to proceed once the original is given.

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