Closing time: Are you prepared for the TILA-RESPA Integrated Disclosure Rule on October 3rd 2015?

Posted by Jean-Luc Andriot on Friday, October 2nd, 2015 at 1:36pm.

So you have a contract on a new real estate property and if you are borrowing money, here are the following important impacts to closing:

Boca Raton Premier Property Group - Closing

The borrower must receive the Closing Disclosure three (3) business days prior to closing. It is considered to have been received three (3) business days after placing in the mail. Therefore, generally the lender will need to mail the initial closing disclosure at least six (6) business days prior to consummation. This change, while beneficial to the borrower, does put emphasis on timeline targets.

Short timeline closings will require urgent attention by all parties. Borrower, realtors, title/settlement agents, etc. will need to provide required information in a timely and urgent manner to ensure the closing occurs on the expected date.

It may be advisable to have two walk-throughs, with the first walk-through before the lender sends the initial Closing Disclosure.

Real Estate Agents can help speed the closing process by providing the lender with the following pieces of information which are needed to prepare the disclosures.

  • Names and addresses of sellers.

  • Sales Price, including whether personal property is part of the sale and if so, if a specific amount has been allocated to the personal property.

  • Who will pay transfer taxes and the amount.

  • The amount of any Deposit towards the Sales Price.

  • The amount of any Seller Credits, and if the credits are against specific closing costs, which closing costs.

  • Contact details for all real estate agents in the transaction: 
    Does the broker represent buyer or seller or both, the broker's legal or trade name & address, NMLS # if any, state license #, firm employee who is the primary contact, contact NMLS#, contact state license #, contact e-mail and contact phone.

While we will continue to keep you informed of ongoing updates on this very important change, we encourage you to visit the Consumer Financial Protection Bureau (CFPB) website for additional information and to answer any outstanding questions: http://www.consumerfinance.gov/regulatory-implementation/tila-respa/.

 

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