03/17/2019
We are doing a second mortgage where the first mortgage is already in escrow.
1.) Should we disclose the estimated escrow on page 1 of the Loan Estimate with No for being in escrow or should we completely leave them off since the borrower is already in escrow.
2.) On Page 4 of the Closing Disclosure how should we disclose here as well, and if we select no escrow, our only options are because the customer declined it or your lender does not offer one. Neither of these fit our situation because the customer is already in escrow with us, so they didn't decline it nor did we not offer one.
03/10/2019
I only added 9 days for the closing costs expiration date on the Loan Estimate (LE). I counted the day the LE was issued as one of the 10 days. The borrowers have already signed the Intent to Proceed. What happens now? The lender says I have to re-app the loan and start over. I wanted to know what you think.
02/24/2019
Our borrower's appraisal came in lower than expected. The borrower would like to pay for a rate extension and order a new appraisal in a couple of months hoping for an increase based on sales that will take place in the near future. Can we issue a new Loan Estimate with the rate extension fee, and another appraisal fee, or should we turn down this loan and start over?
02/17/2019
We offer a discounted rate with some of our ARM products. We use the index at the time the rate was set to calculate the fully indexed rate throughout the entire loan and that is what is disclosed on the LE and CD.
Under what circumstance would we locate an updated index from a the date of closing or within 45 days of closing and disclose a blended APR. Would this be a 2 time construction closing? We disclose based on once the rate/index is locked that is the rate/index we use when we close. Unless of course the loan is re-locked for any reason.
01/27/2019
Are we allowed under TRID to add a release fee to a consumer mortgage payoff? The fee would be for recording the satisfaction of mortgage.
01/06/2019
Asking this question for both current and future rules:
On a construction-permanent loan application that has only one closing and one set of LE/CD disclosures for the transaction, what should the "sale price" be on the LE/CD with a transaction that involves a seller?
Should it only be the amount of the purchase price or should the cost to construct be included with the purchase price? I'm leaning towards the purchase price only based on 1026.37(a)(7) but we've been adding in the construction costs for some time now without criticism...
12/23/2018
When it comes to processing a commercial loan request that includes a 1-4 family dwelling, are there any preliminary disclosures required to be given to the customer?
12/16/2018
I understand we have to send out a full set of initial disclosures when a product changes from CNV to FHA and a new 3 day wait period applies, but when it changes from FHA to CNV is a redisclosure package enough or we do need to send a full set of initial disclosures?
12/09/2018
If an early Closing Disclosure has been issued and the borrower now wants to add a co-borrower, what are the compliance issues that need to be reviewed?
Under Reg Z, is there a new 7 day waiting period to close due to a 'new' application' with the co borrower?
Do we go off of the date of application of the 'co borrower' or the original primary borrower application?
This is not technically a changed circumstance, but if no fees are increased that break tolerances, nor a program change, is there an issue?
12/09/2018
While researching the May 2018 TILA-RESPA Integrated Disclosure rule Small Entity Compliance Guide, I found this in section 10.8:
"Seller-paid loan costs and other costs are required to be disclosed on the consumer's CloD, regardless of whether a separate CloD is provided to the seller. Seller-paid real estate commissions are one example of seller-paid costs that may not be omitted from and must be included on the consumer's CloD. 1026.38(g)(4); Comment 38(g)(4)-4. Additionally, non-commissioned real estate brokerage or agent charges for services to the seller or consumer are required to be itemized separately, with a description of the service and an identification of the person ultimately receiving the payment. Comment 38(g)(4)-1 and - 4; 1026.2(a)(11) and (a)(22)."
In the May 2018 TILA-RESPA Integrated Disclosure Guide to the Loan Estimate and CloD forms I found in section 3.4.3 on page 91:
"A separate CloD can be provided to the consumer and the seller to do not reflect the other party's costs and credits by omitting certain disclosures on each separate CloD (1026.38(t)(5)(v), (vi), (ix)."
This appears to contradict the compliance guide. Does the seller’s information need to be on the CloD and is this new? We thought that if you disclosed on separately disclosures and we had both, the borrower’s and the seller’s, in the loan file we were in compliance.
