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#2053309 - 12/09/15 05:04 PM loan amount decreased; re-issue Loan Estimate?
newyork Offline
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Posts: 452
If a loan amount is decreased because the appraisal value is low, do we have to issue out a new loan estimate with the new lower amount? the fees are actually going to be lower than previously disclosed. must we redisclose?

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TRID - TILA/RESPA Integrated Disclosures Rule
#2053316 - 12/09/15 05:13 PM Re: loan amount decreased; re-issue Loan Estimate? newyork
Truffle Royale Offline

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No you don't have to redisclose.
TRID is like RESPA in that, other than a rate lock, you can still chose when you feel it best to resdisclose.
Given the fact that the borrower now must receive their CD three days prior to closing, they will know in advance what the new numbers are.

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#2053337 - 12/09/15 06:13 PM Re: loan amount decreased; re-issue Loan Estimate? newyork
newyork Offline
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Joined: Aug 2008
Posts: 452
do I have to worry about the APR being lower on the final CDF than what was previously disclosed at a higher amount?

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#2053353 - 12/09/15 06:56 PM Re: loan amount decreased; re-issue Loan Estimate? newyork
TMatt87 Offline
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TMatt87
Joined: May 2011
Posts: 1,987
Idaho
No. The TRID rules finally clarified this issue. The only time you would have to redisclose is if the APR increase by more than the allotted amount (.125% or .25%)

To the original question, we would generally redisclose the LE if we weren't in a time crunch to get to closing. We are not required to, but generally the customer wants updated disclosures that show the lower loan and fee amounts.
Last edited by TMatt87; 12/09/15 06:57 PM.
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#2053399 - 12/09/15 08:19 PM Re: loan amount decreased; re-issue Loan Estimate? newyork
OnTheEdge Offline
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Joined: Apr 2002
Posts: 1,677
SmallTown, USA
watch your APR though.....sometimes when you lower the amount the APR actually goes up.
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#2053431 - 12/09/15 09:39 PM Re: loan amount decreased; re-issue Loan Estimate? TMatt87
CompliantOkie Offline
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CompliantOkie
Joined: Dec 2013
Posts: 425
OOOOOOklahoma
Originally Posted By TMatt87
We are not required to, but generally the customer wants updated disclosures that show the lower loan and fee amounts.

Can I get some opinions on what other lenders are doing regarding these "voluntary" LE redisclosure situations? I'd rather NOT send unnecessary dislosures. Right now we're not redisclosing unless the customer specifically asks. Is there any issue with sending one when a customer asks but not reissuing consistently?

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#2059540 - 01/20/16 06:04 PM Re: loan amount decreased; re-issue Loan Estimate? newyork
julesbok Offline
Junior Member
Joined: Mar 2014
Posts: 47
OK
We are not reissuing a new LE when the loan amount and fees go down due to a lower than anticipated value on an appraisal. The new figures are shown on the CloD.

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#2059661 - 01/21/16 03:43 AM Re: loan amount decreased; re-issue Loan Estimate? newyork
MAFCCons Offline
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Joined: Nov 2014
Posts: 113
We are not re-disclosing the LE either unless requested by the borrower.

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#2059673 - 01/21/16 01:45 PM Re: loan amount decreased; re-issue Loan Estimate? newyork
Tracey, CRCM Offline
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Joined: Jul 2015
Posts: 542
Gorham, ME
We are re-disclosing "informational" LE's to our borrowers regardless of CC or not. We decided to do this as the CD states at the top to "compare to the LE"- so we want to ensure that our customers have the most recent LE for comparison purposes. We do a cover letter explaining what the changes were. We have gotten no argument from our auditors on this practice.
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#2059733 - 01/21/16 03:52 PM Re: loan amount decreased; re-issue Loan Estimate? Tracey, CRCM
Truffle Royale Offline

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Posts: 17,400
Quote:
We are re-disclosing "informational" LE's to our borrowers regardless of CC or not
You mean it doesn't matter what the CC is not that you don't have one, right? Because you still can't redisclose without a valid changed circumstance.
Additionally, you have to be aware of resetting tolerance baselines properly.
Personally, I think papering the borrower with LEs doesn't help them, it only confuses them.

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#2059738 - 01/21/16 03:58 PM Re: loan amount decreased; re-issue Loan Estimate? newyork
Luv2run Offline
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Joined: Jan 2015
Posts: 616
We do not provide a reissue without a valid change of circumstance that would effect us beyond any tolerance limits with the exception of rate lock.
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