Countdown to Compliance - What you need to know for Aug. 1

Real estate is a people business. Some of the best agents are not technologically inclined and they have to make an ongoing effort to ensure they properly dot the i's and cross the necessary t's of paperwork. It is fine if your natural talent is face-to-face interaction with your clients or negotiating effectively. But to best represent your clients, you must also understand the new mortgage disclosure forms and be able to explain them to your clients.

Director of the Consumer Financial Protection Bureau (CFPB) Richard Cordray is quick to point out that the new rule was approved 21 months in advance of the August 1, 2015 implementation day. Nobody in the industry can say they were not given time to prepare. Here are a few things all real estate agents need to know.

The Consumer Financial Protection Bureau

Congress formed the CFPB in response to the many people who lost their homes during the 2008 market collapse. The main purpose of the CFPB is to protect the American public from unfair and deceptive practices like the predatory lending that contributed heavily to the housing market bubble of 2006 and the subsequent credit crisis that occurred when that bubble burst. In an effort to help the public better understand their financial products, services, and rights in these matters, the CFPB seeks to simplify required forms and use plain language in all required documents.

The CFPB website has a resource center to answer any questions you may have about forms or the TILA-RESPA Integrated Disclosure rule. It includes sample forms, webinars, and compliance guides. Do not just rely on word-of-mouth information you may receive from other agents or mortgage professionals.  

Initial loan estimates

From August 1, 2015 and going forward, borrowers will receive one Loan Estimate form instead of the separate forms for the Good Faith Estimate (GFE) and the disclosure form mandated by the Truth-in-Lending Act (TILA). This new form is three pages and borrowers should receive it along the same timetable that they had previously received their GFE.

Closing Disclosure form

The HUD-1 Settlement Statement is also combined with the final TILA-mandated form to become one Closing Disclosure form. This form is five pages. It includes terms of the loan and the financials of the sale closing.

Could affect closing date

The new rule mandates that borrowers have some time to review the Closing Disclosure in detail prior to signing. When the rule goes into effect, borrowers will have three days to review the form. That three days stars from the time they receive the form. If it is mailed, the three days start three days after it is mailed. This could result in a total of six days if the form is mailed instead of hand-delivered to the borrower.

No more line numbers

In an effort to make the Closing Disclosure form easier for borrowers to understand, the familiar line numbering of the HUD-1 is gone and in its place the charges and fees will appear under one of the following seven categories:

• Pre-paids
• Taxes and government fees
• Escrow paid at closing
• Origination fees
• Services the borrower did not shop for
• Services the borrower did shop for
• Other

In each of the categories, the individual charges are listed alphabetically. They are divided into columns for the seller, buyer, and other. There are also columns indicating payments made before closing and at closing. It is possible that your clients will get more than one Closing Disclosure. If your buyers receive their Closing Disclosure several days in advance of the closing and final walk-through of the property, another will be necessary to show and adjustments due to issues found during the walk-through or other circumstances. The CFPB requires that any change in the numbers be re-disclosed, even if the changes occur after closing, such as changes to the actual amount of recording fees.