We gave a lender credit of $2,500 on the LE for a "no cost" loan. On the CD, we showed all fees paid by the lender, with total specific lender credits of $2,600. However, our origination fee of $500 shown on the LE was waived and removed on the CD, offsetting an increase in a title service fee
of $600. In short, we are paying more in credits than originally disclosed, but have removed a waived fee. Is this acceptable?
Can a lender accept verbal telephone confirmation from an applicant of receipt of the 3-day closing disclosure?
I have a refinance loan closing and I have to pay the real estate property taxes that were due on 7/1- summer taxes. Where should I put them on the
Closing Disclosure, In section F-prepaid or is it okay to put them in the payments and payoff section (page 3) on the CD?
A residential mortgage disclosed a lender credit for $200 due to a charge for transfer taxes. At closing the $200 charge was no longer applicable as mom and dad remained on the title. As a result, the title company took away the $200 fee that they had disclosed on their estimated statement and said the charge wasn’t applicable any more.
Is the Bank is still responsible for issuing the lender credit of $200, although the corresponding charge has gone away?
If you have changes to a loan product or loan amount, etc. one day prior to the initial closing disclosure being issued, can you use the initial CD to
disclose the changes or do you have to reissue the loan estimate and restart the clock, or is there another solution?
In search for further guidance on compliance for delivery of a Closing Disclosure (CD) by way of email (with a borrower's E-Sign consent) we have varying differences in the interpretation of the word "Receipt".
It has been our department's practice to deliver the CD within no less than 3-business days prior to closing. Documentation to evidence delivery has been by including a printed copy of 1) email showing our department's delivery of the CD to the borrower by way of email, and/or 2) a printout showing the "Arrival Date" of the email/attachments to the borrower.
Some have interpreted the "Receipt" rule as evidence the email and attachment(s) was "OPENED". Are we in violation if a loan is scheduled to close on a Monday and the borrower did not “OPEN” the email until the 2nd business day (Thursday) prior to closing – even though we have evidence to show “ARRIVAL” of our CD on or before the 3rd business day prior to closing?
I have a question regarding modification fees on our construction-perm loans. If additional fees are incurred at modification (Appraisal fee,
recording fees, title fees, etc.) and were not disclosed on the loan estimate or closing disclosure, are we able to collect and charge them or
would this be a TRID tolerance issue?
When disclosing the payoff of an existing lien on the collateral property, should the amount listed on page 3 of the Closing Disclosure just show the
principal balance, or should it show the principal balance, plus the interest due?
I do not believe the reg goes into detail on what the amounts listed should be. My thought is we would need to list the amount that would fully pay off
that existing lien (principal, interest, late charges, etc. ). There have been discussions about not capitalizing off interest, but as long as we are not financing the
interest due into the new loan amount, I do not see how we would be capitalizing off previous interest.
In addition, if we list the full payoff amount, would we need to list just one payoff amount, or would we need to list
separate lines for principal, interest and late charges on the Closing Disclosure? I believe either way would be okay, but my thoughts are we would just need to list one line item with the full amount.
If the buyer is being charged by the attorney to prepare the purchase contract, would we reflect that in Section C or Section H?
Also, would the fee description have "Title" in front of it?
May a lender offer a gift card at closing for a mortgage loan, and would this then be disclosed on a loan estimate or closing disclosure?